Case: Davis v. City of Chicago

Davis v. The City of Chicago, Illinois

Davis v. The City of Chicago, Illinois

Illinois state trial court

Institute for Justice

U.S. Department of Justice

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

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2 Exhibit State Court Notice

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

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

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, )

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

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)

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

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

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)

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)

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)

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

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

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

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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

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)

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

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)

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

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)

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)

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' response to the City's motion for judgment on the pleadings is due 7/18/22, reply due 8/12/22. Mailed notice. (dm, ) (Entered: 06/15/2022)

MOTION by Plaintiffs Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davis for extension of time to complete discovery, joint motion (Simpson, Diana) (Entered: 06/30/2022)

MINUTE entry before the Honorable Mary M. Rowland: Joint motion for extension of time to complete discovery 97 is granted. Fact discovery close extended to September 30, 2022. Telephonic status hearing set for 7/27/22 is stricken and reset for 9/29/22 at 9:00am. Parties should call 866-434-5269; access code 3751971. Mailed notice (cn). (Entered: 07/06/2022)

RESPONSE by Spencer Byrd, Jerome Davis, Lewrance Gant, Allie Nelson, Veronica Walker-Davisin Opposition to MOTION by Defendant The City of Chicago, Illinois for judgment on the pleadings 95 (Attachments: # 1 Declaration of Diana Simpson, # 2 Exhibit 1-5)(Simpson, Diana) (Entered: 07/18/2022)

REPLY by Defendant The City of Chicago, Illinois to response in opposition to motion, 99 (Worseck, Andrew) (Entered: 07/28/2022)