Case: Davis v. City of Chicago

1:19-cv-03691 | U.S. District Court for the Northern District of Illinois

Filed Date: April 29, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit is a constitutional challenge the city of Chicago’s vehicle impound program. The plaintiffs, individuals whose cars had been impounded by the city, filed this putative class action suit in Illinois state court (Circuit Court of Cook County, Chancery Division) on April 29, 2019. Represented by attorneys from the Institute for Justice and a private law firm, they claimed that the city impounded cars in connections with offenses not committed by their owners, required the owners of im…

This lawsuit is a constitutional challenge the city of Chicago’s vehicle impound program. The plaintiffs, individuals whose cars had been impounded by the city, filed this putative class action suit in Illinois state court (Circuit Court of Cook County, Chancery Division) on April 29, 2019. Represented by attorneys from the Institute for Justice and a private law firm, they claimed that the city impounded cars in connections with offenses not committed by their owners, required the owners of impounded cars to pay administrative penalties prior to the entry of judgment in their cases, did not provide adequate notice of disposal and other proceedings to impounded car owners, and held cars as collateral while their owners paid their fines. The plaintiffs, bringing suit under 42 U.S.C. § 1983, alleged that these practices violated their Eighth Amendment rights to be free from excessive fines, their Fourteenth Amendment rights to due process, their Fourth Amendment rights against unreasonable searches and seizures, and their analogous rights under the Illinois Constitution. Additionally, they brought a separate count demanding the return of tools and other items seized from the car of one of the named plaintiffs. They asked the court for the certification of a class, declaratory and injunctive relief, nominal damages of $1, and attorneys’ fees.

Before any significant litigation could occur in state court, the city removed the case to the U.S. District Court for the Northern District of Illinois. There it was initially assigned to District Judge Thomas M. Durkin. Shortly after the case was removed, the plaintiffs filed a motion to remand it back to Cook County. Judge Durkin denied that motion in an oral ruling on August 5, 2019.

After the motion to remand had been denied, the plaintiffs filed an amended complaint including additional named plaintiffs, but no new legal theories. The city then filed a motion to dismiss the case for lack of subject matter jurisdiction and failure to state a claim. While that motion was pending, the case was reassigned to the newly appointed District Judge Mary M. Rowland.

Judge Rowland partially granted and partially denied the defendants motion to dismiss in an August 21, 2020, opinion. 481 F. Supp. 3d 757. (The ruling was likely delayed by the onset of the COVID-19 pandemic in the spring of 2020.) Under a variety of federal court doctrines, Judge Rowland dismissed the plaintiffs’ federal excessive fines claim, their search and seizure claims under the federal and Illinois constitutions, and their federal and Illinois due process claims to the extent that they involved substantive due process and the city’s procedures for notifying plaintiffs of the fines they faced. However, the plaintiffs’ additional due process claims, as well as their Illinois proportionate penalties claim and their request for the named plaintiffs’ tools, remained.

As of November 2021, the parties continue to litigate various discovery issues. The case is ongoing.

Summary Authors

Jonah Hudson-Erdman (11/21/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/15733314/parties/davis-v-the-city-of-chicago-illinois/


Judge(s)

Rowland, Mary Margaret (Illinois)

Attorneys(s) for Plaintiff

Pavich, Robert James (Illinois)

Simpson, Diana Kaye (Virginia)

West, Kirby Thomas (Virginia)

Wrench, John Gaelen (Virginia)

Attorneys(s) for Defendant

Cavanaugh, Peter Hardt (Illinois)

Worseck, Andrew W (Illinois)

Judge(s)

Rowland, Mary Margaret (Illinois)

Attorneys(s) for Plaintiff

Pavich, Robert James (Illinois)

Simpson, Diana Kaye (Virginia)

West, Kirby Thomas (Virginia)

Wrench, John Gaelen (Virginia)

Attorneys(s) for Defendant

Cavanaugh, Peter Hardt (Illinois)

Worseck, Andrew W (Illinois)

Documents in the Clearinghouse

Document

1:19-cv-03691

2019CH05413

Docket [PACER]

Davis v. The City of Chicago, Illinois

Nov. 12, 2021

Nov. 12, 2021

Docket

2019CH05413

Complaint for Declaratory Judgment and Injunctive Relief

Davis v. The City of Chicago, Illinois

Illinois state trial court

April 29, 2019

April 29, 2019

Complaint
29

1:19-cv-03691

First Amended Complaint

Sept. 26, 2019

Sept. 26, 2019

Complaint
54

1:19-cv-03691

Memorandum Opinion and Order

481 F.Supp.3d 757

Aug. 21, 2020

Aug. 21, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15733314/davis-v-the-city-of-chicago-illinois/

Last updated Aug. 7, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2019CH05413) filed by CITY OF CHICAGO CITY OF CHICAGO (Attachments: # 1 Exhibit Summons and Complaint, # 2 Exhibit State Court Notice)(Cavanaugh, Peter) (Entered: 06/03/2019)

1 Exhibit Summons and Complaint

View on RECAP

2 Exhibit State Court Notice

View on RECAP

June 3, 2019

June 3, 2019

RECAP
2

CIVIL Cover Sheet (Cavanaugh, Peter) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
3

ATTORNEY Appearance for Defendant CITY OF CHICAGO CITY OF CHICAGO by Peter Hardt Cavanaugh (Cavanaugh, Peter) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Young B. Kim. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (lma, )

June 3, 2019

June 3, 2019

PACER
5

MAILED Notice of Removal letter to counsel of record. (ek, ) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
6

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ek, ) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
7

ATTORNEY Appearance for Defendant The City of Chicago, Illinois by Andrew W Worseck (Worseck, Andrew) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
8

MOTION by Defendant The City of Chicago, Illinois for extension of time Unopposed (Cavanaugh, Peter) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
9

NOTICE of Motion by Peter Hardt Cavanaugh for presentment of extension of time 8 before Honorable Thomas M. Durkin on 6/10/2019 at 09:00 AM. (Cavanaugh, Peter) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
10

MINUTE entry before the Honorable Thomas M. Durkin:Defendant's unopposed motion for extension of time to 7/10/2019 to answer or otherwise plead 8 is granted. No appearance is required on 6/10/2019. Mailed notice (srn, ) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
11

ORDER: Joint status report due by 8/7/2019. Status hearing set for 8/12/2019 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 6/13/2019:Mailed notice(srn, ) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
12

ATTORNEY Appearance for Plaintiffs Spencer Byrd, Jerome Davis, Veronica Walker-Davis by Diana Kaye Simpson (Simpson, Diana) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
13

ATTORNEY Appearance for Plaintiffs Spencer Byrd, Jerome Davis, Veronica Walker-Davis by Kirby Thomas West (West, Kirby) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
14

ATTORNEY Appearance for Plaintiffs Spencer Byrd, Jerome Davis, Veronica Walker-Davis by Robert James Pavich (Pavich, Robert) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
15

MOTION by Plaintiffs Spencer Byrd, Jerome Davis, Veronica Walker-Davis to remand (Attachments: # 1 Memorandum in Support of Motion to Remand)(Simpson, Diana) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
16

NOTICE of Motion by Diana Kaye Simpson for presentment of motion to remand 15 before Honorable Thomas M. Durkin on 8/5/2019 at 09:00 AM. (Simpson, Diana) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
17

MEMORANDUM motion to remand 15 by Spencer Byrd, Jerome Davis, Veronica Walker-Davis (Simpson, Diana) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER
18

MOTION by Defendant The City of Chicago, Illinois to defer date for City to respond to Plaintiffs' Complaint, or in the alternative, MOTION by Defendant The City of Chicago, Illinois for extension of time (Cavanaugh, Peter) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
19

NOTICE of Motion by Peter Hardt Cavanaugh for presentment of motion for miscellaneous relief, extension of time 18 before Honorable Thomas M. Durkin on 8/5/2019 at 09:00 AM. (Cavanaugh, Peter) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
20

RESPONSE by Spencer Byrd, Jerome Davis, Veronica Walker-Davis to MOTION by Defendant The City of Chicago, Illinois to defer date for City to respond to Plaintiffs' Complaint, or in the alternativeMOTION by Defendant The City of Chicago, Illinois for extension of time 18 (Simpson, Diana) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
21

MINUTE entry before the Honorable Thomas M. Durkin: The Court has preliminarily reviewed both Plaintiffs' motion to remand 15 and the City's motion to defer the date for it to respond to Plaintiff's complaint 18 . These matters will be addressed when the parties appear on 8/5/2019. There is no need for the City to respond to the complaint before then. Mailed notice (srn, ) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
22

RESPONSE by The City of Chicago, Illinoisin Opposition to MOTION by Plaintiffs Spencer Byrd, Jerome Davis, Veronica Walker-Davis to remand 15 (Attachments: # 1 Exhibit A)(Worseck, Andrew) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
23

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 8/5/2019. Plaintiffs' motion to sever and remand 15 is denied for the reasons stated orally. Defendants' motion for an extension of time to answer or otherwise plead 18 is granted. Defendants' motion to dismiss is to be filed by 9/5/2019. Plaintiffs' response is due by 10/7/2019. Defendants' reply is due 11/7/2019. The filing of a joint status report is vacated. The 8/12/2019 status hearing is vacated and reset for 12/5/2019 at 09:00 AM. Plaintiff is directed to make a demand. Mailed notice (srn, ) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
24

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0024 Pursuant to the Executive Committee Order entered on August 9, 2019 the civil cases on the attached list have been randomly selected for reassignment to form the initial calendar of the Honorable Mary M. Rowland; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Mary M. Rowland; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Mary M. Rowland's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order shall not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's criminal case assignment system thirty days from the entry of this Order, so that she shall receive a full share of such cases. Case reassigned to the Honorable Mary M. Rowland for all further proceedings. Honorable Thomas M. Durkin no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/22/2019.(rp, ) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
25

MOTION by Defendant The City of Chicago, Illinois to dismiss for lack of jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The City of Chicago, Illinois (Worseck, Andrew) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
26

MOTION by Defendant The City of Chicago, Illinois for leave to file excess pages (Attachments: # 1 Exhibit Memorandum in support of motion to dismiss)(Worseck, Andrew) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
27

MINUTE entry before the Honorable Mary M. Rowland: Defendant's unopposed motion for leave to file a brief in excess of fifteen pages 26 is granted. Defendant is granted leave to file memorandum of up to 28 pages. The Court sets the following briefing schedule on Defendant's motion to dismiss 25 : Plaintiff's response is due 10/3/19. Defendant's reply is due on or before 10/17/19. Mailed notice. (dm, ) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
28

MINUTE entry before the Honorable Mary M. Rowland: Reassignment status hearing set for 10/10/19 at 9:30am in courtroom 1225. Parties are directed to review Judge Rowland's Standing Order on Cases Reassigned to Judge Mary M. Rowland, on the Court's website at https://www.ilnd.uscourts.gov/. Parties shall confer and file the reassignment joint status report at least five business days in advance of the reassignment status hearing. Mailed notice. (dm, ) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
29

AMENDED complaint by Spencer Byrd, Veronica Walker-Davis, Jerome Davis, Allie Nelson, Lewrance Gant against The City of Chicago, Illinois (Simpson, Diana) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
30

MINUTE entry before the Honorable Mary M. Rowland: In light of the Amended Complaint 26 filed on 9/26/19 under FRCP 15(a)(1), Defendant's motion to dismiss 25 is denied without prejudice. Defendant may re-file a motion to dismiss or otherwise respond to Plaintiffs' Amended Complaint on or before 10/15/19. In light of this order, reassignment status hearing set for 10/10/19 is stricken and re-set for 10/24/19 at 9:30am. Reassignment joint status report due at least five business days in advance of the reassignment status hearing. Mailed notice. (dm, ) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
31

MOTION by Defendant The City of Chicago, Illinois to set a briefing schedule (Cavanaugh, Peter) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
32

MINUTE entry before the Honorable Mary M. Rowland: Defendant's partially agreed motion to set briefing schedule on defendant's motion to dismiss 31 is granted. The City's motion to dismiss is due 10/22/19; Plaintiffs' response due 11/21/19; reply due 12/19/19. The Court will rule by mail. In light of this order, reassignment status hearing set for 10/24/19 is stricken. Status hearing set for 4/7/20 at 9:00am. Mailed notice. (dm, ) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
33

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The City of Chicago, Illinois and to dismiss for lack of jurisdiction (Worseck, Andrew) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
34

MOTION by Defendant The City of Chicago, Illinois for leave to file excess pages (Attachments: # 1 Exhibit Memorandum in support of motion to dismiss)(Worseck, Andrew) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
35

MINUTE entry before the Honorable Mary M. Rowland: Defendant's unopposed motion for leave to file a brief in excess of fifteen pages 34 is granted. Defendant is granted leave to file memorandum of up to 32 pages. Mailed notice. (dm, ) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
36

MOTION by Plaintiffs Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis for leave to file excess pages (Attachments: # 1 Exhibit Response in Opposition to Defendant's Motion to Dismiss)(Simpson, Diana) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
37

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' unopposed motion for leave to file a brief in excess of fifteen pages 36 is granted. Plaintiffs are granted leave to file a brief of up to 32 pages. Mailed notice. (dm, ) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
38

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs timely filed their response to Defendant's motion to dismiss as an exhibit to their motion for leave to file excess pages 36 . Plaintiffs are ordered to re-file their response as a separate docket entry. Mailed notice. (dm, ) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
39

RESPONSE by Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davisin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The City of Chicago, Illinois and to dismiss for lack of jurisdiction 33 (Simpson, Diana) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
40

MOTION by Defendant The City of Chicago, Illinois for leave to file excess pages (Attachments: # 1 Exhibit Reply Brief)(Worseck, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
41

NOTICE of Motion by Andrew W Worseck for presentment of motion for leave to file excess pages 40 before Honorable Mary M. Rowland on 1/7/2020 at 09:45 AM. (Worseck, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
42

MINUTE entry before the Honorable Mary M. Rowland: Defendant's motion for leave to file a reply brief in excess of fifteen pages 40 is granted. Defendant is granted leave to file a reply of up to 30 pages. No appearance necessary on 1/7/20. Mailed notice. (dm, ) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
43

REPLY by Defendant The City of Chicago, Illinois to response in opposition to motion, 39 (Worseck, Andrew) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
44

MINUTE entry before the Honorable Mary M. Rowland: In light of the fully briefed motion to dismiss, the court strikes the status hearing set for 4/7/20. The court will rule by mail. A status will be set following ruling on the motion. Mailed notice. (dm, ) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
45

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, ) (Entered: 03/18/2020)

March 16, 2020

March 16, 2020

PACER
46

ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/23/2020: Mailed notice. (docket7, ) (Entered: 03/31/2020)

March 23, 2020

March 23, 2020

PACER
47

ORDER CORRECTED ENTRY: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice...Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020:Mailed notice(docket7, ) (Entered: 04/03/2020)

March 30, 2020

March 30, 2020

PACER
48

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket5, ) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
49

STATUS Report by Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis (Simpson, Diana) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

RECAP
50

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket6, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
51

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk5, Docket) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
52

Plaintiffs' Notice of Supplemental Authority by Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis (Attachments: # 1 Exhibit Exhibit A)(Simpson, Diana) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
53

MINUTE entry before the Honorable Mary M. Rowland: Defendant's Motion to dismiss 33 is granted in part and denied in part. Order to follow. The City shall file an answer by 9/14/20. The parties shall confer and file a joint initial status report on or before 9/22/20, using the template on Judge Rowland's website in her "Initial Status Conference" standing order. The Court will then set a status hearing or enter an order in response. Mailed notice. (dm, ) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
54

MEMORANDUM Opinion and Order: For the reasons stated in the Memorandum Opinion and Order, the City of Chicago's motion to dismiss 33 is granted in part and denied in part. Counts II, V, and VI are dismissed. The remaining claims are Counts I, III, IV, and VII as set forth in this opinion. Signed by the Honorable Mary M. Rowland on 8/21/2020. (See Memorandum Opinion and Order for further details) Mailed notice. (dm, ) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
55

MOTION by Defendant The City of Chicago, Illinois for extension of time to file answer UNOPPOSED (Cavanaugh, Peter) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
56

MINUTE entry before the Honorable Mary M. Rowland: Defendant's unopposed motion for an extension of time to answer in response to Plaintiffs' first amended complaint 55 is granted. Defendant shall answer by 9/28/20. The date for the filing of the Joint Initial Status Report is extended to 10/6/20. Mailed notice. (dm, ) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
57

ANSWER to amended complaint by The City of Chicago, Illinois(Worseck, Andrew) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
58

MINUTE entry before the Honorable Mary M. Rowland: At the request of the parties, the deadline of 10/6/20 for parties to file the initial joint status report is re-set to 10/16/20. Mailed notice. (dm, ) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
59

STATUS Report Initial Joint Status Report by Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis (Simpson, Diana) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
60

MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint initial status report. MIDP should be exchanged by 10/28/20. Telephonic status set for 10/27/20 at 10:00AM. Parties shall call 866-434-5269; access code 3751971. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. When your case is called, please unmute your phone and remember to say your name each and every time you speak. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice. (dm, ) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
61

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Parties to exchange MIDP by 10/28/20 and serve written discovery by 11/9/20. Telephonic status hearing set for 12/17/20 at 11:00AM. Parties shall call 866-434-5269; access code 3751971. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. When your case is called, please unmute your phone and remember to say your name each and every time you speak. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice. (dm, ) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
62

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP), filed by Defendant The City of Chicago, Illinois. (Worseck, Andrew) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
63

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP), filed by Plaintiffs Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis. (Simpson, Diana) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
64

NOTICE by Andrew W Worseck of Change of Address (Worseck, Andrew) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
65

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Defendant reported on the status of discovery. Parties have exchanged written discovery. Parties agreed Defendant shall respond to written discovery by 1/8/21. Parties reported on the number of possible depositions to be taken. Telephonic status hearing set for 3/5/21 at 9:30am. Parties shall call 866-434-5269; access code 3751971. Parties shall be prepared to set a close of discovery. Mailed notice. (dm, ) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
66

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Defendant reported on the discovery that has been exchanged and the second round of discovery requests and interrogatories requested by plaintiffs aimed at class allegations. Telephonic status hearing set for 4/16/21 at 9:30am. Parties shall call 866-434-5269; access code 3751971. Parties shall be prepared to report on the status of the second round of discovery requests and when parties would be in a position to set a close of discovery. Mailed notice. (dm, ) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
67

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Defense counsel reported on the status of discovery. Plaintiffs have issues with Defendant's discovery responses. Parties are to meet and confer to try and resolve any discovery disputes. Telephonic status hearing set for 6/16/21 at 9:30am. Parties shall be prepared to set a close of discovery. Parties shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
68

MINUTE entry before the Honorable Mary M. Rowland: By agreement of the parties, telephonic status hearing set for 6/16/21 is stricken and re-set to 7/23/21 at 9:30am. Parties shall be prepared to set a close of discovery. Parties shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
69

MINUTE entry before the Honorable Mary M. Rowland: By agreement of the parties, telephonic status hearing set for 7/23/21 is stricken and re-set to 9/9/21 at 9:30am. Parties shall be prepared to set a close of discovery. Parties shall call 866-434-5269; access code 3751971. The status will not be rescheduled again. Mailed notice. (dm, ) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
70

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Parties are working through discovery disputes. By 9/14/21, parties shall send a status report to the court's proposed order mailbox at Proposed_Order_Rowland@ilnd.uscourts.gov. The status report shall include 1) deadline to file motion to compel, if necessary; 2) full briefing schedule on class certification motion; and 3) date by which class discovery and merits fact discovery is to be completed. Expert discovery will be set at a later date if necessary. If the parties require expert discovery for purposes of class certification motions they should so indicate. Further status will be set after the court has reviewed the report. Mailed notice. (dm, ) (Entered: 09/13/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
71

MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report. Motion to compel is due 9/30/21, response due 10/28/21, reply due 11/12/21. Fact discovery to be completed 90 days after the City provides Plaintiffs outstanding discovery responses if ordered by the Court in granting a motion to compel, or February 28, 2022, whichever is later. Motion for class certification to be filed within 30 days after the close of discovery, with a response due within 28 days after the motion and any reply within 14 days. Nothing in this schedule precludes the City from seeking leave to conduct discovery on additional issues, if any, introduced by Plaintiffs' motion for class certification. Telephonic status hearing set for 12/3/21 at 10:00am. Parties shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
72

MOTION by Plaintiffs Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis to compel discovery (Simpson, Diana) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
73

MEMORANDUM by Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis in support of motion to compel 72 discovery (Simpson, Diana) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
74

DECLARATION of Diana Simpson regarding motion to compel 72 discovery (Attachments: # 1 Exhibit 1 through 17)(Simpson, Diana) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
75

MOTION by Defendant The City of Chicago, Illinois for an extension of time to file its response in opposition to plaintiffs' motion to compel UNOPPOSED (Cavanaugh, Peter) (Docket Text Modified by Clerk's Office on 10/28/2021) (jg, ). (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
76

MINUTE entry before the Honorable Mary M. Rowland: Defendant's unopposed motion for an extension of time to file its response in opposition of plaintiffs' motion to compel 75 is granted. The City's response is due 11/10/21. Plaintiffs' reply is due 11/30/21. The Court strikes the status set for 12/3/21 and sets a motion hearing for 12/6/21 at 10:00 AM. Parties should call 866-434-5269; access code 3751971. Mailed notice. (dm, ) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

PACER
77

RESPONSE by The City of Chicago, Illinoisin Opposition to MOTION by Plaintiffs Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis to compel discovery 72 (Cavanaugh, Peter) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

RECAP
78

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18864957. (Wrench, John) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
79

MINUTE entry before the Honorable Mary M. Rowland: Motion to appear pro hac vice by John Gaelen Wrench 78 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, ) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
80

REPLY by Plaintiffs Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis to response in opposition to motion 77 to compel (Simpson, Diana) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
81

DECLARATION of Diana Simpson regarding reply 80 motion to compel (Simpson, Diana) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
82

MINUTE entry before the Honorable Mary M. Rowland: On the court's own motion, telephonic motion hearing set for 12/6/21 is re-set to 9:00am. (Please Note Time Change.) Mailed notice. (dm, ) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
83

MINUTE entry before the Honorable Mary M. Rowland: Motion hearing held on Plaintiffs' motion to compel discovery 72 . Motion is largely denied and the City is ordered to confer with its clients and report back at a status to be held on 1/21/22 at 9:30 AM. Parties should call 866-434-5269; access code 3751971. The motion is granted as to Interrogatories 17 and 19 requesting the calculations of money paid to towing vendors. This should be produced by 12/22/21. The motion is denied at to document request 5 (debt collectors) and document requests 12-13 (notices sent and returned as not delivered). The motion is also denied as to interrogatories 6 (names and addresses of all owners who defaulted) 13 (name and addresses of all owners whose cars destroyed); 15 & 16 (alternatives to impoundment considered by the City); 20 & 21 (number of notices of impoundment or vehicle disposal returned as undeliverable). At this stage of the proceeding these requests are overly burdensome and the court is unable to discern a relevance to them enough to overcome that burden. If a class is (or classes are) certified, Plaintiffs will be able to request identity of pertinent class members. As to interrogatory 7, the court believes it is relevant but believes it is governed by pertinent ordinances and will be most effectively handled via a Rule 30(b)(6) deposition(s). Finally, as to document requests 10-11, the parties are to explore sampling and burden shifting as discussed. Sampling would consist of 2 months per year to be agreed. Burden shifting would consist of plaintiffs' searching the files (under City supervision) and paying for the copying of pertinent records, limited to violations for driving on suspended license (as opposed to transportation of drugs). Parties should be prepared to report at the status about this proposal and propose a schedule for completion of oral discovery. Mailed notice. (dm, ) (Entered: 12/07/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
84

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Based on representation by counsel regarding outstanding issues regarding sampling, counsel are not ready to set oral discovery. Telephonic status hearing set for 2/17/22 at 9:30am. Counsel shall call 866-434-5269; access code 3751971. Counsel should be ready to set an oral discovery schedule. Mailed notice. (dm, ) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
85

TRANSCRIPT OF PROCEEDINGS held on 12/6/21 before the Honorable Mary M. Rowland. Telephonic motion hearing. Order Number: 42472. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/25/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/5/2022. (Renke, Laura) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
86

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Parties continue to work on outstanding issues regarding sampling and/or electronic production of the pertinent data. Telephonic status hearing set for 3/10/22 at 9:30am. Counsel shall call 866-434-5269; access code 3751971. Counsel should be ready to set an oral discovery schedule. Mailed notice. (dm, ) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
87

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Parties have agreed on a random sample size. Parties shall confer regarding dispute or production raised on the record. Telephonic status hearing set for 4/7/22 at 9:00am. Counsel shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER
88

TRANSCRIPT OF PROCEEDINGS held on 3/10/22 before the Honorable Mary M. Rowland. Telephonic status hearing. Order Number: 42812. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/7/2022. Redacted Transcript Deadline set for 4/18/2022. Release of Transcript Restriction set for 6/15/2022. (Renke, Laura) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER
89

MINUTE entry before the Honorable Mary M. Rowland: On the Court's own motion, telephonic status hearing set for 4/7/22 is stricken and reset to 4/8/22 at 9:30am. Counsel shall call 866-434-5269; access code 3751971. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Mailed notice. (dm, ) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
90

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Defendant reported on the status of the delayed records from vendors. Defendant expects to have those records in its possession by 4/22/22. Plaintiffs' request to review the underlying records. The court will allow Plaintiff to review those records. Said records identified as Vehicle Impounded Seized Report form. Defendant shall produce the records for attorneys' eyes' only by 5/16/22. Also by 5/16/22, parties shall file a joint status report briefing describing the oral discovery they intend to take and proposing a close of fact discovery. The court will set a fact discovery deadline and status based on the parties' report. Mailed notice. (dm, ) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
91

TRANSCRIPT OF PROCEEDINGS held on 4/8/22 before the Honorable Mary M. Rowland. Telephonic status hearing. Order Number: 43131. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/24/2022. Redacted Transcript Deadline set for 6/3/2022. Release of Transcript Restriction set for 8/1/2022. (Renke, Laura) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
92

STATUS Report Joint Status Report by Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis (Simpson, Diana) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
93

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the joint status report. Parties report on remaining written discovery and oral discovery. Defendant to produce it complete production of a random sampling of 2,000 vehicle impoundment seizure reports for attorneys' eyes only by 6/3/22. Plaintiffs intend to take four depositions, including a 30(b)(6) deposition of the City. Defendant intends to depose the three named plaintiffs, as well as four third-party individuals who were present in Plaintiffs' vehicles when the vehicles were impounded. Fact discovery to close on 8/5/22. Telephonic status hearing set for 7/27/22 at 9:30am. Parties should call 866-434-5269; access code 3751971. Mailed notice. (dm, ) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
94

Agreed Confidentiality Order Signed by the Honorable Mary M. Rowland on 6/1/2022. Mailed notice. (dm, ) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
95

MOTION by Defendant The City of Chicago, Illinois for judgment on the pleadings (Attachments: # 1 Exhibit A-C)(Worseck, Andrew) (Entered: 06/14/2022)

1 Exhibit A-C

View on PACER

June 14, 2022

June 14, 2022

RECAP
97

Extension of Time to Complete Discovery

June 30, 2022

June 30, 2022

PACER
98

Order on Motion for Extension of Time to Complete Discovery

July 6, 2022

July 6, 2022

PACER
101

Protective Order

July 28, 2022

July 28, 2022

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: April 29, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who own vehicles that have been or will be impounded by Defendant City of Chicago pursuant to Chicago Municipal Code Section 2-14-132.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Chicago (Chicago, Cook), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Excessive bail/fines

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Fines/Fees/Bail/Bond