1
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COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-3500972.), filed by Deon Hampton. (Attachments: # 1 Civil Cover Sheet)(del Valle, Vanessa) (Entered: 03/08/2018)
1 Civil Cover Sheet
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March 8, 2018
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March 8, 2018
RECAP
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2
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NOTICE of Appearance by Vanessa del Valle on behalf of Deon Hampton (del Valle, Vanessa) (Entered: 03/08/2018)
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March 8, 2018
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March 8, 2018
PACER
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3
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NOTICE of Appearance by Sheila A Bedi on behalf of Deon Hampton (Bedi, Sheila) (Entered: 03/08/2018)
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March 8, 2018
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March 8, 2018
PACER
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4
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WITHDRAWN (per Order at Doc. 43) MOTION for Preliminary Injunction and Memorandum in Support by Deon Hampton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(del Valle, Vanessa) Modified on 6/11/2018 (drb). (Entered: 03/08/2018)
1 Exhibit 1
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2 Exhibit 2
View on PACER
3 Exhibit 3
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March 8, 2018
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March 8, 2018
PACER
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5
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MOTION for Hearing re 4 MOTION for Preliminary Injunction and Memorandum in Support for Expedited Hearing and Expedited Discovery by Deon Hampton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(del Valle, Vanessa) (Entered: 03/08/2018)
1 Exhibit 1
View on PACER
2 Exhibit 2
View on PACER
3 Exhibit 3
View on PACER
4 Exhibit 4
View on PACER
5 Exhibit 5
View on PACER
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March 8, 2018
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March 8, 2018
PACER
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6
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NOTICE of Appearance by Alan S. Mills on behalf of Deon Hampton (Mills, Alan) (Entered: 03/08/2018)
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March 8, 2018
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March 8, 2018
PACER
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7
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Summons Requested. (del Valle, Vanessa) (Entered: 03/08/2018)
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March 8, 2018
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March 8, 2018
PACER
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8
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Notice of Judge Assignment. Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 18-550-NJR. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (kek) (Entered: 03/09/2018)
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March 9, 2018
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March 9, 2018
PACER
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9
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Plaintiff is a prisoner in the custody of the Illinois Department of Corrections, who identifies as a transgender woman. She has consistently been incarcerated in all-male prisons within the IDOC system. Represented by counsel, she brings this civil rights action pursuant to 42 U.S.C. § 1983, requesting injunctive relief and damages, and has prepaid the $400 filing fee. Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of the Complaint. Accepting Plaintiff's allegations as true, the Court finds that Plaintiff has articulated a colorable federal cause of action against Defendants for constitutional, statutory, and supplemental state law claims arising from the Defendants' alleged failure to protect her from harm at the hands of prison officials and fellow inmates, denial of mental health care, the infliction of physical and sexual abuse by certain Defendants, and related actions and omissions at the Lawrence Correctional Center (where she is currently housed), as well as at the Pinckneyville and Menard Correctional Centers. Accordingly, pursuant to Local Rule 72.1(a)(2), this action is REFERRED to United States Magistrate Judge Donald G. Wilkerson for further pre-trial proceedings. Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1(c), Plaintiff's Motion for Preliminary Injunction (Doc. 4 ) and Motion for Hearing on Preliminary Injunction (Doc. 5 ) are hereby REFERRED to United States Magistrate Judge Wilkerson, who shall resolve the request for injunctive relief as soon as practicable, and issue a report and recommendation. Any motions filed after the date of this Order that relate to the request for injunctive relief or seek leave to amend the Complaint are also hereby REFERRED to Judge Wilkerson. Further, this entire matter shall be REFERRED to United States Magistrate Judge Wilkerson for disposition, pursuant to Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), if all parties consent to such a referral. Counsel for Plaintiff may initiate service without further delay. Defendants are ORDERED to timely file an appropriate responsive pleading to the Complaint and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g). Signed by Judge Nancy J. Rosenstengel on 3/9/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/09/2018)
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March 9, 2018
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March 9, 2018
PACER
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10
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Summons Issued as to John Baldwin, Officer Burley, Officer Clark, Lieutenant Givens, Karen Jaimet, Kevin Kink, and Officer Lanpley. Originals mailed to Attorney Vanessa del Valle. (kek) (Entered: 03/09/2018)
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March 9, 2018
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March 9, 2018
PACER
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11
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ORDER SETTING TELEPHONIC STATUS CONFERENCE: The Court sets this matter for a Telephonic Status Conference on 3/12/2018 at 10:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Instructions for the conference call: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610; (3) when prompted, enter the four-digit Security Code: 9342. Signed by Judge Nancy J. Rosenstengel on 3/9/2018. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/09/2018)
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March 9, 2018
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March 9, 2018
PACER
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12
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Summons Issued as to John Does 1-4 and original mailed to Attorney Vanessa del Valle. (kek) (Entered: 03/12/2018)
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March 12, 2018
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March 12, 2018
PACER
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13
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Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Vanessa del Valle, Alan Mills, and Sheila Bedi participated on behalf of plaintiff. Lisa Cook and Chris Higgerson participated at the Court's request on behalf of the Illinois Department of Corrections. Counsel for IDOC agreed to obtain the documents requested in Plaintiff's Expedited Request for Production (Doc. 5-5). The next status conference is set for March 19, 2018 at 10:00 a.m. Instructions for the conference calls: (1) call toll-free 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610; (3) when prompted, enter the four-digit Security Code: 9342.(Court Reporter Molly Clayton.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/12/2018)
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March 12, 2018
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March 12, 2018
PACER
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14
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Transcript of STATUS CONFERENCE held on 3/12/2018, before Judge Nancy J. Rosenstengel. Court Reporter Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (mnc) (Entered: 03/14/2018)
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March 14, 2018
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March 14, 2018
PACER
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15
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Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Telephonic Status Conference held on 3/19/2018. Counsel participating were Vanessa del Valle, Sheila Bedi, Alan Mills, and Chris Higgerson. The parties updated the Court as to the status of this case, including the status of service and the requested expedited discovery. The parties agree to participate in a settlement conference and are instructed to contact Magistrate Judge Reona J. Daly to schedule a date for the conference. The parties shall e-mail the Court (NJRpd@ilsd.uscourts.gov) by end of business today (3/19/2018) with an update as to the status of discovery and the settlement conference date. (Court Reporter Molly Clayton.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/19/2018)
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March 19, 2018
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March 19, 2018
PACER
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16
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ORDER REASSIGNING MAGISTRATE JUDGE: This lawsuit is closely related to another case in this Court that was recently settled, Case No. 17-cv-00936-DRH-RJD. In order to preserve judicial economy and to avoid inconsistent rulings, the Court REASSIGNS this case to Magistrate Judge Reona J. Daly, pursuant to Smith v. Check-n-Go of Illinois, 200 F.3d 511, 513 (7th Cir. 1999), for such duties as are routinely carried out by the magistrate. All future pleadings should bear case number 18-cv-550-NJR-RJD. Signed by Judge Nancy J. Rosenstengel on 3/19/2018. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/19/2018)
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March 19, 2018
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March 19, 2018
PACER
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17
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SUMMONS Returned Executed by Deon Hampton. John Baldwin served on 3/12/2018, answer due 4/2/2018; Officer Burley served on 3/13/2018, answer due 4/3/2018; Officer Clark served on 3/13/2018, answer due 4/3/2018; John Doe served on 3/13/2018, answer due 4/3/2018; Lieutenant Givens served on 3/13/2018, answer due 4/3/2018; Karen Jaimet served on 3/13/2018, answer due 4/3/2018; Kevin Kink served on 3/13/2018, answer due 4/3/2018; Officer Lanpley served on 3/13/2018, answer due 4/3/2018. (del Valle, Vanessa) (Entered: 03/19/2018)
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March 19, 2018
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March 19, 2018
PACER
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18
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ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 3/23/2018 at 9:30 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Settlement Statements to be submitted on or before 3/22/2018. The Clerk is directed to issue a writ to obtain plaintiff's presence via video conference. Signed by Magistrate Judge Reona J. Daly on 3/19/2018. (jlm) (Entered: 03/19/2018)
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March 19, 2018
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March 19, 2018
PACER
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19
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VIDEO WRIT ISSUED pursuant to 18 . (jlm) (Entered: 03/19/2018)
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March 19, 2018
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March 19, 2018
PACER
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20
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WAIVER OF SERVICE Returned Executed by Deon Hampton. Karen Jaimet waiver sent on 3/9/2018, answer due 5/8/2018. (del Valle, Vanessa) (Entered: 03/20/2018)
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March 20, 2018
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March 20, 2018
PACER
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21
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Transcript of STATUS CONFERENCE held on 03/19/2018, before Judge Nancy J. Rosenstengel. Court Reporter Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/11/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/19/2018. (mnc) (Entered: 03/21/2018)
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March 21, 2018
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March 21, 2018
PACER
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22
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ORDER. Settlement Conference set for 3/23/2018 is CANCELED upon notification from the parties that the settlement conference would not be productive. Signed by Magistrate Judge Reona J. Daly on 3/22/2018. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/22/2018)
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March 22, 2018
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March 22, 2018
PACER
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23
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NOTICE of Hearing: Evidentiary Hearing set for April 2 and 3, 2018 beginning each day at 9:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/22/2018)
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March 22, 2018
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March 22, 2018
PACER
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24
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NOTICE AND ORDER: IDOC and the Warden of Dixon Correctional Center shall arrange to have Deon Hampton #M15934 present on April 2, 2018 at 8:30 AM, and from day-to day thereafter until concluded, in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Signed by Judge Nancy J. Rosenstengel on 3/23/2018. (drb) (Entered: 03/23/2018)
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March 23, 2018
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March 23, 2018
PACER
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25
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Writ of Habeas Corpus ad Testificandum Issued as to Deon Hampton #M15934 for April 2, 2018 and each day thereafter until said hearing is concluded. (drb) (Entered: 03/23/2018)
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March 23, 2018
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March 23, 2018
PACER
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26
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NOTICE of Appearance by Christine G. McClimans on behalf of John Baldwin, Karen Jaimet (McClimans, Christine) (Entered: 03/23/2018)
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March 23, 2018
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March 23, 2018
PACER
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27
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NOTICE of Appearance by Christine G. McClimans on behalf of Officer Clark, Lieutenant Givens, Kevin Kink, Officer Lanpley (McClimans, Christine) (Entered: 03/26/2018)
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March 26, 2018
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March 26, 2018
PACER
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28
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ORDER: The Evidentiary Hearing set for April 2, 2018, as well as the Order and Writ (Docs. 24 and 25) are CANCELED. This matter is now set for a telephonic status conference on April 16, 2018 at 1:30 PM before Judge Nancy J. Rosenstengel. Instructions for the conference calls: (1) call toll-free 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610; (3) when prompted, enter the four-digit Security Code: 9342. Signed by Judge Nancy J. Rosenstengel on 3/26/2018. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/26/2018)
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March 26, 2018
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March 26, 2018
PACER
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29
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WAIVER OF SERVICE Returned Executed by Deon Hampton. Officer Clark waiver sent on 3/9/2018, answer due 5/8/2018; Lieutenant Givens waiver sent on 3/9/2018, answer due 5/8/2018; Kevin Kink waiver sent on 3/9/2018, answer due 5/8/2018; Officer Lanpley waiver sent on 3/9/2018, answer due 5/8/2018. (del Valle, Vanessa) (Entered: 03/28/2018)
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March 28, 2018
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March 28, 2018
PACER
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30
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MOTION to Compel the Defendants to Produce Certain Witnesses for Deposition by Deon Hampton. (Attachments: # 1 Exhibit 1)(del Valle, Vanessa) (Entered: 04/05/2018)
1 Exhibit 1
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April 5, 2018
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April 5, 2018
PACER
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31
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ORDER: Defendants are ORDERED to respond to Plaintiff's Motion to Compel by April 13, 2018. The Court plans to address the motion at the status conference on April 16, 2018. (Action due by 4/13/2018.) Signed by Judge Nancy J. Rosenstengel on 4/6/2018. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/06/2018)
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April 6, 2018
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April 6, 2018
PACER
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32
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RESPONSE to Motion re 30 MOTION to Compel the Defendants to Produce Certain Witnesses for Deposition filed by John Baldwin, Officer Clark, Lieutenant Givens, Karen Jaimet, Kevin Kink, Officer Lanpley. (McClimans, Christine) (Entered: 04/10/2018)
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April 10, 2018
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April 10, 2018
PACER
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33
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Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Counsel participating: Vanessa del Valle, Sheila Bedi, and Christine McClimans. The parties updated the Court as to the status of this case. Plaintiffs counsel shall prepare and send to defense counsel a list of the documents still needed by the end of today, April 16, 2018. Defendants shall produce those documents by April 23, 2018. Plaintiffs Motion to Compel (Doc. 30) is GRANTED. Depositions shall be concluded by April 30, 2018. Defendant is granted leave to file a brief on the issue of exhaustion of administrative remedies by April 20, 2018. (Court Reporter Molly Clayton.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/16/2018)
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April 16, 2018
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April 16, 2018
PACER
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34
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WAIVER OF SERVICE Returned Executed by Deon Hampton. Officer Burley waiver sent on 3/9/2018, answer due 5/8/2018. (del Valle, Vanessa) (Entered: 04/16/2018)
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April 16, 2018
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April 16, 2018
PACER
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35
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Transcript of STATUS CONFERENCE held on 04/16/2018, before Judge Nancy J. Rosenstengel. Court Reporter Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/19/2018. (mnc) (Entered: 04/20/2018)
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April 20, 2018
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April 20, 2018
PACER
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36
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MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies by John Baldwin, Officer Clark, Lieutenant Givens, Karen Jaimet, Kevin Kink, Officer Lanpley. Responses due by 5/24/2018 (McClimans, Christine) (Entered: 04/20/2018)
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April 20, 2018
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April 20, 2018
PACER
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37
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MEMORANDUM in Support re 36 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies filed by John Baldwin, Officer Clark, Lieutenant Givens, Karen Jaimet, Kevin Kink, Officer Lanpley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(McClimans, Christine) (Entered: 04/20/2018)
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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7 Exhibit G
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8 Exhibit H
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9 Exhibit I
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10 Exhibit J
View on PACER
11 Exhibit K
View on PACER
12 Exhibit L
View on PACER
13 Exhibit M
View on PACER
14 Exhibit N
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April 20, 2018
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April 20, 2018
PACER
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38
|
NOTICE of Appearance by Christine G. McClimans on behalf of Officer Burley (McClimans, Christine) (Entered: 04/24/2018)
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April 24, 2018
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April 24, 2018
PACER
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39
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ANSWER to 1 Complaint by John Baldwin, Officer Clark, Lieutenant Givens, Karen Jaimet, Kevin Kink, Officer Lanpley.(McClimans, Christine) (Entered: 05/08/2018)
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May 8, 2018
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May 8, 2018
PACER
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40
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ORDER: The parties have requested that this Court set this matter for an evidentiary hearing. Due to the Court's current docket, the Evidentiary Hearing is set for June 13, 2018 at 9:30 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. The parties are reminded that should this date not be agreeable to the parties, they may contact Magistrate Judge Daly, who may be able to accommodate a joint hearing date. Signed by Judge Nancy J. Rosenstengel on 5/24/2018. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/24/2018)
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May 24, 2018
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May 24, 2018
PACER
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41
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RESPONSE in Opposition re 36 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies filed by Deon Hampton. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(del Valle, Vanessa) (Entered: 05/24/2018)
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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7 Exhibit G
View on PACER
8 Exhibit H
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May 24, 2018
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May 24, 2018
PACER
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42
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MOTION to Withdraw Motion for Preliminary Injunction Without Prejudice by Deon Hampton. (Bedi, Sheila) (Entered: 06/08/2018)
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June 8, 2018
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June 8, 2018
PACER
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43
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ORDER GRANTING 42 Motion to Withdraw Motion for Preliminary Injunction. Plaintiff has indicated that circumstances have changed and emergency relief is no longer warranted. Thus, the Motion to Withdraw is GRANTED and the Motion for Preliminary Injunction (Doc. 4) is WITHDRAWN without prejudice. The evidentiary hearing set for June 13, 2018 is CANCELED. Signed by Judge Nancy J. Rosenstengel on 6/11/2018. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/11/2018)
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June 11, 2018
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June 11, 2018
PACER
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44
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RESPONSE to Motion re 42 MOTION to Withdraw Motion for Preliminary Injunction Without Prejudice filed by John Baldwin, Officer Clark, Lieutenant Givens, Karen Jaimet, Kevin Kink, Officer Lanpley. (McClimans, Christine) (Entered: 06/11/2018)
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June 11, 2018
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June 11, 2018
PACER
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45
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STRICKEN (By Order at Document 50) - AMENDED COMPLAINT against All Defendants, filed by Deon Hampton.(del Valle, Vanessa) Modified on 7/24/2018 (kek). (Entered: 07/17/2018)
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July 17, 2018
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July 17, 2018
PACER
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46
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MOTION for Preliminary Injunction and Memorandum in Support by Deon Hampton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(del Valle, Vanessa) (Entered: 07/17/2018)
1 Exhibit 1
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2 Exhibit 2
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July 17, 2018
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July 17, 2018
PACER
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47
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Summons Requested. (del Valle, Vanessa) (Entered: 07/17/2018)
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July 17, 2018
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July 17, 2018
PACER
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48
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NOTICE of Appearance by Elizabeth Mazur on behalf of Deon Hampton (Mazur, Elizabeth) (Entered: 07/17/2018)
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July 17, 2018
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July 17, 2018
PACER
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49
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ORDER: Defendants are ORDERED to respond to Plaintiff's 46 Motion for Preliminary Injunction by August 1, 2018. Plaintiff may file a reply by August 8, 2018. An Evidentiary Hearing is set for Monday, August 27, 2018 at 9:30 AM in the East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Signed by Judge Nancy J. Rosenstengel on 7/18/2018. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/18/2018)
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July 18, 2018
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July 18, 2018
PACER
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50
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ORDER STRIKING 45 Amended Complaint filed by Deon Hampton. As Defendants Baldwin, Clark, Givens, Jaimet, Kink, and Lanpley filed their answer to Plaintiff's complaint on May 8, 2018, Plaintiff is not entitled to file an amended pleading without leave of court under Rule 15(a). Accordingly, Plaintiff's First Amended Complaint is STRICKEN. Plaintiff is DIRECTED to file a motion seeking leave to file an amended complaint. Plaintiff is ADVISED to review Local Rule 15.1, which requires all new material in an amended pleading to be underlined. Signed by Magistrate Judge Reona J. Daly on 7/23/2018. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/23/2018)
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July 23, 2018
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July 23, 2018
PACER
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51
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ORDER: Motion Hearing set for 8/15/2018 at 1:00 PM in the Benton Courthouse before Magistrate Judge Reona J. Daly as to 36 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies. The Clerk of Court is directed to issue a writ for Plaintiff to appear via video conference. Signed by Magistrate Judge Reona J. Daly on 7/23/2018. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/23/2018)
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July 23, 2018
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July 23, 2018
PACER
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52
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QUASHED - VIDEO WRIT ISSUED pursuant to 51 . (jlm) Modified on 8/14/2018 (jlm). (Entered: 07/23/2018)
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July 23, 2018
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July 23, 2018
PACER
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53
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MOTION for Leave to File First Amended Complaint by Deon Hampton. (Attachments: # 1 Exhibit 1)(del Valle, Vanessa) (Entered: 07/27/2018)
1 Exhibit 1
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July 27, 2018
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July 27, 2018
PACER
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54
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MOTION for Discovery Expedited by Deon Hampton. (Attachments: # 1 Exhibit 1)(del Valle, Vanessa) (Entered: 07/30/2018)
1 Exhibit 1
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July 30, 2018
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July 30, 2018
PACER
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55
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RESPONSE to Motion re 46 MOTION for Preliminary Injunction and Memorandum in Support filed by John Baldwin, Officer Burley, Officer Clark, Lieutenant Givens, Karen Jaimet, Kevin Kink, Officer Lanpley. (McClimans, Christine) (Entered: 08/01/2018)
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Aug. 1, 2018
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Aug. 1, 2018
PACER
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56
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EXHIBIT by John Baldwin, Officer Burley, Officer Clark, Lieutenant Givens, Karen Jaimet, Kevin Kink, Officer Lanpley. Exhibit to 55 Response to Motion . (Attachments: # 1 Exhibit B, # 2 Exhibit C)(McClimans, Christine) (Entered: 08/02/2018)
1 Exhibit B
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2 Exhibit C
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Aug. 2, 2018
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Aug. 2, 2018
PACER
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57
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MOTION To Allow Testimony Via Telephone and Out of Time at Preliminary Injunction Hearing by Deon Hampton. (del Valle, Vanessa) (Entered: 08/02/2018)
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Aug. 2, 2018
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Aug. 2, 2018
PACER
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58
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NOTICE of Hearing: Telephonic Status Conference set for 8/8/2018 at 1:30 PM CST to discuss plaintiff's 54 Motion for Expedited Discovery and 56 Motion to Allow Testimony before Judge Nancy J. Rosenstengel presiding in East St. Louis. Instructions for the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610; (3) when prompted, enter the four-digit Security Code: 9342.(drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/03/2018)
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Aug. 3, 2018
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Aug. 3, 2018
PACER
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59
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REPLY to Response to Motion re 46 MOTION for Preliminary Injunction and Memorandum in Support filed by Deon Hampton. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(del Valle, Vanessa) (Entered: 08/08/2018)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
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Aug. 8, 2018
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Aug. 8, 2018
PACER
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60
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Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Status Conference held on 8/8/2018. The 8/27/2018 hearing before Judge Rosenstengel is CANCELED and will be reset by separate notice. (Court Reporter Molly Clayton.) (drb) (Entered: 08/09/2018)
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Aug. 8, 2018
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Aug. 8, 2018
PACER
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61
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MOTION to Quash Subpoenas by John Baldwin, Kevin Kink. (McClimans, Christine) (Entered: 08/13/2018)
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Aug. 13, 2018
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Aug. 13, 2018
PACER
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62
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RESPONSE in Opposition re 61 MOTION to Quash Subpoenas filed by Deon Hampton. (Mazur, Elizabeth) (Entered: 08/13/2018)
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Aug. 13, 2018
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Aug. 13, 2018
PACER
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63
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ORDER GRANTING 53 Motion for Leave to File. Federal Rule of Civil Procedure 15(a) provides that a party may amend a pleading and that leave to amend should be freely given "when justice so requires." The Seventh Circuit maintains a liberal attitude toward the amendment of pleadings "so that cases may be decided on the merits and not on the basis of technicalities." Stern v. U.S. Gypsum, Inc., 547 F.2d 1329, 1334 (7th Cir. 1977). The Circuit has recognized that "the complaint merely serves to put the defendant on notice and is to be freely amended or constructively amended as the case develops, as long as amendments do not unfairly surprise or prejudice the defendant." Toth v. USX Corp., 883 F.2d 1297, 1298 (7th Cir. 1989); see also Winger v. Winger, 82 F.3d 140, 144 (7th Cir. 1996) (quoting Duckworth v. Franzen, 780 F.2d 645, 649 (7th Cir. 1985)) ("The Federal Rules of Civil Procedure create [a system] in which the complaint does not fix the plaintiff's rights but may be amended at any time to conform to the evidence."). A court may also deny a party leave to amend if there is undue delay, dilatory motive or futility. Guise v. BMW Mortgage, LLC, 377 F.3d 795, 801 (7th Cir. 2004). Finding that Plaintiff's proposed first amended complaint is neither unduly delayed nor futile or brought with dilatory motive and noting that Defendants do not object to the filing of such, Plaintiff's Motion is GRANTED. Plaintiff is ORDERED to file her proposed first amended complaint as the First Amended Complaint by August 16, 2018. Signed by Magistrate Judge Reona J. Daly on 8/14/2018. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/14/2018)
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Aug. 14, 2018
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Aug. 14, 2018
PACER
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64
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AMENDED COMPLAINT against All Defendants, filed by Deon Hampton.(del Valle, Vanessa) (Entered: 08/14/2018)
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Aug. 14, 2018
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Aug. 14, 2018
RECAP
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65
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ORDER: In light of the recent order allowing Plaintiff to file a First Amended Complaint and add new defendants to this action, the hearing on the issue of exhaustion of administrative remedies set for August 15, 2018 is CANCELLED. The hearing will be reset by separate notice once the newly named defendants have been served, answered the First Amended Complaint, and been provided an opportunity to supplement the pending motion for summary judgment on the issue of exhaustion. The video writ issued for Plaintiff Hampton is hereby quashed. Signed by Magistrate Judge Reona J. Daly on 8/14/2018. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/14/2018)
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Aug. 14, 2018
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Aug. 14, 2018
PACER
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66
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Summons Requested. (del Valle, Vanessa) (Entered: 08/14/2018)
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Aug. 14, 2018
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Aug. 14, 2018
PACER
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67
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Summonses Issued as to John Varga, Officer Gee, Officer Manzano, Officer Blackburn, Lieutenant Doering, Sergeant Kunde and originals mailed to Attorney del Valle. (kek) (Entered: 08/14/2018)
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Aug. 14, 2018
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Aug. 14, 2018
PACER
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68
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NOTICE of Hearing: Evidentiary Hearing is RESET to begin September 12, 2018 at 9:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. The Court has also reserved September 13 and 14 in which to complete this hearing. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/16/2018)
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Aug. 16, 2018
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Aug. 16, 2018
PACER
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69
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NOTICE of Appearance by Christine G. McClimans on behalf of Officer Blackburn, Lieutenant Doering, Officer Gee, Sergeant Kunde, Officer Manzano, John Varga (McClimans, Christine) (Entered: 08/21/2018)
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Aug. 21, 2018
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Aug. 21, 2018
PACER
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70
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NOTICE AND ORDER: IDOC and the Warden of Dixon Correctional Center shall arrange to have Deon Hampton #M15934 present on September 12, 2018 at 8:30 AM and from day to day thereafter until concluded in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Signed by Judge Nancy J. Rosenstengel on 8/21/2018. (drb) (Entered: 08/21/2018)
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Aug. 21, 2018
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Aug. 21, 2018
PACER
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71
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Writ of Habeas Corpus ad Testificandum Issued as to Deon Hampton #M15934 for September 12, 2018 and each day thereafter until hearing is concluded. (drb) (Entered: 08/21/2018)
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Aug. 21, 2018
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Aug. 21, 2018
PACER
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72
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NOTICE of Appearance by Christopher L. Higgerson on behalf of Officer Blackburn, Lieutenant Doering, Officer Gee, Sergeant Kunde, Officer Manzano, John Varga (Higgerson, Christopher) (Entered: 08/21/2018)
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Aug. 21, 2018
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Aug. 21, 2018
PACER
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73
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NOTICE of Appearance by Christopher L. Higgerson on behalf of John Baldwin, Officer Burley, Officer Clark, Lieutenant Givens, Karen Jaimet, Kevin Kink, Officer Lanpley (Higgerson, Christopher) (Entered: 08/22/2018)
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Aug. 22, 2018
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Aug. 22, 2018
PACER
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74
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NOTICE AND ORDER: IDOC and the Warden of Dixon Correctional Center shall arrange to have Brandon James #R71786 (9/12/18 at 3:00 PM CST); Scott Ranft #R16439 (9/12/18 at 3:30 PM CST); and Roger Johnson #B30336 (9/13/18 at 9:00 AM CST) present via video conference before Judge Nancy J. Rosenstengel presiding in East St. Louis. Signed by Judge Nancy J. Rosenstengel on 8/22/2018. (drb) (Entered: 08/22/2018)
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Aug. 22, 2018
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Aug. 22, 2018
PACER
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75
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VIDEO WRIT ISSUED as to Brandon James #R71786 (9/12/18 at 3:00 PM CST); Scott Ranft #R16439 (9/12/18 at 3:30 PM CST); and Roger Johnson #B30336 (9/13/18 at 9:00 AM) before Judge Nancy J. Rosenstengel presiding in East St. Louis. (drb) (Entered: 08/22/2018)
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Aug. 22, 2018
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Aug. 22, 2018
PACER
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76
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MOTION for Protective Order by Deon Hampton. (Attachments: # 1 Exhibit 1)(del Valle, Vanessa) (Entered: 08/22/2018)
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Aug. 22, 2018
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Aug. 22, 2018
PACER
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77
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MOTION for Discovery Expedited by Deon Hampton. (Attachments: # 1 Exhibit 1)(del Valle, Vanessa) (Entered: 08/22/2018)
1 Exhibit 1
View on PACER
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Aug. 22, 2018
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Aug. 22, 2018
PACER
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78
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ORDER: In light of the upcoming preliminary injunction hearing set before District Judge Nancy J. Rosenstengel on September 12, 2018, any response to 76 MOTION for Protective Order must be filed by 8/29/2018. Signed by Magistrate Judge Reona J. Daly on 8/23/2018. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/23/2018)
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Aug. 23, 2018
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Aug. 23, 2018
PACER
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79
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NOTICE OF MODIFICATION re 76 Motion for Protective Order filed by Deon Hampton. A proposed order is attached to the main document. Proposed orders are not to be filed, rather should be submitted via e-mail to the assigned Judge. (See CM/ECF User's Manual at pages 2.6-2.7) Proposed order will be deleted in accordance with this Court's practices and should be sent via e-mail accordingly. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/23/2018)
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Aug. 23, 2018
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Aug. 23, 2018
PACER
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80
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ORDER: Defendants are ORDERED to respond to Plaintiff's Motion for Expedited Discovery by Tuesday, August 28, 2018. Signed by Judge Nancy J. Rosenstengel on 8/23/2018. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/23/2018)
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Aug. 23, 2018
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Aug. 23, 2018
PACER
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Set Deadlines as to 77 MOTION for Discovery Expedited. Response due by 8/28/2018. (kek)
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Aug. 24, 2018
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Aug. 24, 2018
PACER
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81
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RESPONSE to Plaintiff's Motion for Protective Order filed by John Baldwin, Officer Blackburn, Officer Burley, Officer Clark, Lieutenant Doering, Officer Gee, Lieutenant Givens, Karen Jaimet, Kevin Kink, Sergeant Kunde, Officer Lanpley, Officer Manzano, John Varga. (McClimans, Christine) (Entered: 08/24/2018)
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Aug. 24, 2018
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Aug. 24, 2018
PACER
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82
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RESPONSE to 77 Motion for Discovery Expedited filed by John Baldwin, Officer Blackburn, Officer Burley, Officer Clark, Lieutenant Doering, Officer Gee, Lieutenant Givens, Karen Jaimet, Kevin Kink, Sergeant Kunde, Officer Lanpley, Officer Manzano, John Varga. (McClimans, Christine) (Entered: 08/28/2018)
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Aug. 28, 2018
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Aug. 28, 2018
PACER
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83
|
ORDER: Plaintiff shall file her reply in support of the Motion for Expedited Discovery (Doc. 77 ), if any, by 5 p.m. on Friday, August 31, 2018. (Action due by 8/31/2018.) Signed by Judge Nancy J. Rosenstengel on 8/29/2018. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/29/2018)
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Aug. 29, 2018
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Aug. 29, 2018
PACER
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Set Deadlines as to 77 MOTION for Discovery Expedited. Reply, if any, due by 5:00 P.M. on 8/31/2018. (kek)
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Aug. 29, 2018
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Aug. 29, 2018
PACER
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84
|
AMENDED NOTICE AND ORDER: IDOC and the Warden of Dixon CC shall arrange to have Brandon James #R71786 (9/12/2018 at 2:30 PM) and Scott Ranft #R16439 (9/12/2018 at 3:30 PM) present via video conference before Judge Nancy J. Rosenstengel presiding in East St. Louis. Signed by Judge Nancy J. Rosenstengel on 8/30/2018. (drb) (Entered: 08/30/2018)
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Aug. 30, 2018
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Aug. 30, 2018
PACER
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85
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AMENDED VIDEO WRIT ISSUED as to Brandon James #R71786 and Scott Ranft #R16439 to be held September 12, 2018 at the East St. Louis Courthouse by Judge Nancy J. Rosenstengel. (drb) (Entered: 08/30/2018)
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Aug. 30, 2018
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Aug. 30, 2018
PACER
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86
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MEMORANDUM in Support re 36 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies filed by John Baldwin, Officer Blackburn, Officer Clark, Lieutenant Doering, Officer Gee, Lieutenant Givens, Karen Jaimet, Kevin Kink, Sergeant Kunde, Officer Lanpley, Officer Manzano, John Varga. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(McClimans, Christine) (Entered: 08/30/2018)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
6 Exhibit F
View on PACER
7 Exhibit G
View on PACER
8 Exhibit H
View on PACER
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Aug. 30, 2018
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Aug. 30, 2018
PACER
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87
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REPLY to Response to Motion re 77 MOTION for Discovery Expedited filed by Deon Hampton. (del Valle, Vanessa) (Entered: 08/31/2018)
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Aug. 31, 2018
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Aug. 31, 2018
PACER
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88
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MOTION for an Order Allowing Plaintiff to Appear in Civilian Clothes by Deon Hampton. (Mazur, Elizabeth) (Entered: 09/04/2018)
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Sept. 4, 2018
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Sept. 4, 2018
PACER
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89
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ORDER: Plaintiff's Motion for Expedited Discovery (Doc. 77 ) is GRANTED. Defendants are ORDERED to produce the requested data by noon on September 11, 2018. The Motion for an Order Allowing Plaintiff to Appear in Civilian Clothes (Doc. 88 ) is DENIED. Signed by Judge Nancy J. Rosenstengel on 9/6/2018. (mlp) (Entered: 09/06/2018)
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Sept. 6, 2018
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Sept. 6, 2018
RECAP
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90
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ORDER GRANTING IN PART 76 Motion for Protective Order. Signed by Magistrate Judge Reona J. Daly on 9/6/2018. (nmf) (Entered: 09/06/2018)
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Sept. 6, 2018
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Sept. 6, 2018
PACER
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91
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Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Day 1 of Evidentiary Hearing held on 9/12/2018. Day 2 of hearing is set for 9/13/2018 at 9:00 AM. (Court Reporter Molly Clayton/Stephanie Rennegarbe.) (drb) (Entered: 09/12/2018)
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Sept. 12, 2018
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Sept. 12, 2018
PACER
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92
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Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Day 2 of Evidentiary Hearing held on 9/13/2018. Day 3 of Evidentiary Hearing set for September 14, 2018 at 9:00 AM. (Court Reporter Molly Clayton/Stephanie Rennegarbe.) (drb) (Entered: 09/13/2018)
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Sept. 13, 2018
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Sept. 13, 2018
PACER
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93
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Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Day 3 of Evidentiary Hearing held on 9/14/2018. Motion taken under advisement. Order to issue. (Court Reporter Molly Clayton.) (Attachments: # 1 Exhibit Joint Exhibit List) (drb) (Entered: 09/14/2018)
1 Exhibit Joint Exhibit List
View on PACER
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Sept. 14, 2018
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Sept. 14, 2018
PACER
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94
|
MOTION for Extension of Time to File Answer re 64 Amended Complaint by John Baldwin, Officer Blackburn, Officer Burley, Officer Clark, Lieutenant Doering, Officer Gee, Lieutenant Givens, Karen Jaimet, Kevin Kink, Sergeant Kunde, Officer Lanpley, Officer Manzano, John Varga. (McClimans, Christine) (Entered: 09/17/2018)
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Sept. 17, 2018
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Sept. 17, 2018
PACER
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95
|
ORDER GRANTING 94 MOTION for Extension of Time to File Answer re 64 Amended Complaint filed by Kevin Kink, Sergeant Kunde, Officer Lanpley, Officer Burley, Karen Jaimet, John Baldwin, Officer Gee, John Varga, Lieutenant Givens, Officer Clark, Officer Manzano, Lieutenant Doering, Officer Blackburn. Defendants are GRANTED an extension of time, up to and including 10/1/2018, to file their answers or otherwise respond to Plaintiff's amended complaint. Signed by Magistrate Judge Reona J. Daly on 9/19/2018. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/19/2018)
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Sept. 19, 2018
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Sept. 19, 2018
PACER
|
96
|
Transcript of Proceedings, Evidentiary Hrg Day 1 - a.m. session (pp. 1-77) held on 09/12/2018, before Judge Nancy J. Rosenstengel. Court Reporter/Transcriber Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the 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 PACER. Redaction Request due 10/15/2018. Redacted Transcript Deadline set for 10/24/2018. Release of Transcript Restriction set for 12/26/2018. (mnc) (Entered: 09/23/2018)
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Sept. 23, 2018
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Sept. 23, 2018
PACER
|
97
|
Transcript of Evidentiary Hearing, Day 1 - P.M. Session (pp. 78-199), held on 09-12-2018, before Judge Nancy J. Rosenstengel. Court Reporter Stephanie Rennegarbe, Telephone number 618-439-7735. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the 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 PACER. Redaction Request due 10/15/2018. Redacted Transcript Deadline set for 10/24/2018. Release of Transcript Restriction set for 12/26/2018. (skr) (Entered: 09/23/2018)
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Sept. 23, 2018
|
Sept. 23, 2018
RECAP
|
98
|
Transcript of Proceedings, Evidentiary Hrg Day 2 - a.m. session (pp. 200-292) held on 09/13/2018, before Judge Nancy J. Rosenstengel. Court Reporter/Transcriber Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the 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 PACER. Redaction Request due 10/15/2018. Redacted Transcript Deadline set for 10/24/2018. Release of Transcript Restriction set for 12/26/2018. (mnc) (Entered: 09/23/2018)
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Sept. 23, 2018
|
Sept. 23, 2018
PACER
|