Hardeman v. County of Lake

Hardeman v. County of Lake

Hardeman v. County of Lake

2018 WL 3533254

U. S. Court of Appeals for the Seventh Circuit

933 F.3d 816

Hardeman v. County of Lake

2020 WL 6747018

COMPLAINT At Law filed by Daniel Hardeman; Jury Demand. Filing fee $ 400, receipt number 0752-13862199. (Attachments: # 1 Civil Cover Sheet)(Popp, Matthew) (Entered: 12/04/2017)

case assigned

CASE ASSIGNED to the Honorable Amy J. St. Eve. Designated as Magistrate Judge the Honorable Young B. Kim. (nsf, )

MINUTE entry before the Honorable Amy J. St. Eve: Initial status hearing set for 1/16/18 at 8:30 a.m. in courtroom 1241. Parties shall refer to Judge St. Eve's web page at www.ilnd.uscourts.gov and file a Rule 26(f) Initial Status Report by 1/10/18 as set forth in the Rule 26(f) Report procedure. If the defendant has not been served as of 1/10/18, the Court will continue the filing date for the Rule 26(f) Report until the defendant is served. Mailed notice (kef, ) (Entered: 12/05/2017)

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is 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 attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jk, ) (Entered: 12/05/2017)

ATTORNEY Appearance for Plaintiff Daniel Hardeman by Kevin William O'Connor (O'Connor, Kevin) (Entered: 12/06/2017)

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 1/16/2018 and continued to 2/26/2018 at 08:30 AM.Mailed notice (kef, ) (Entered: 01/16/2018)

ATTORNEY Appearance for Defendant County of Lake by Beth Greenberg Prager (Prager, Beth) (Entered: 02/22/2018)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant County of Lake (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Prager, Beth) (Entered: 02/22/2018)

NOTICE of Motion by Beth Greenberg Prager for presentment of Motion to Dismiss for Failure to State a Claim 7 before Honorable Amy J. St. Eve on 2/26/2018 at 08:30 AM. (Prager, Beth) (Entered: 02/22/2018)

ATTORNEY Appearance for Defendant County of Lake by Karen Denise Fox (Fox, Karen) (Entered: 02/22/2018)

MOTION to Defer Responsive Pleading Deadline (MIDP), filed by Defendant County of Lake. (Fox, Karen) (Entered: 02/22/2018)

NOTICE of Motion by Karen Denise Fox for presentment of Motion to Defer Responsive Pleading Deadline 10 before Honorable Amy J. St. Eve on 2/26/2018 at 08:30 AM. (Fox, Karen) (Entered: 02/22/2018)

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' motion to defer answer 10 is granted. ORDER of Extension of Time to Answer or Otherwise Respond - The Court has determined that good cause exists to defer the filing of an answer, counterclaim, crossclaim or reply while it considers the pending motion to dismiss. If the motion is denied, the Court will designate a time for filing answers, counterclaims, crossclaims, and replies. If no time is designated, Rule 12(a)(4) will apply. The obligation to file Mandatory Initial Discovery (MID) responses as set forth in Standing Order 17-XX shall be measured from that date.Mailed notice (kef, ) (Entered: 02/23/2018)

ATTORNEY Appearance for Defendant County of Lake by Stephen Joseph Rice (Rice, Stephen) (Entered: 02/23/2018)

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 2/26/2018 and continued to 6/7/2018 at 08:30 AM. Defendant's motion to dismiss 7 is entered. Response by 3/26/18. Reply by 4/9/18. Mailed notice (kef, ) (Entered: 02/26/2018)

RESPONSE by Tapanga Hardeman to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant County of Lake 7 (O'Connor, Kevin) (Entered: 03/26/2018)

REPLY by County of Lake, Mark Curran, David Wathen to response to motion 15 (Rice, Stephen) (Entered: 04/09/2018)

EXECUTIVE COMMITTEE ORDER:It appearing that cases previously assigned to the Honorable Amy J. St. Eve requires reassignment; therefore It is hereby ordered that the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f) within the guidelines of IOP 16. Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings. Honorable Amy J. St. Eve no longer assigned to the case. Signed by Executive Committee on 5/23/18.(rp, ) (Entered: 05/23/2018)

MEMORANDUM Opinion and Order: Defendant's Motion to Dismiss Plaintiff's Complaint 7 is denied in part and granted in part. Signed by the Honorable Sharon Johnson Coleman on 7/23/2018. Mailed notice. (ym, ) (Entered: 07/23/2018)

NOTICE of appeal by County of Lake, Mark Curran, John Doe Officers, Office of the Lake County Sheriff, Supervisors regarding orders 18 Filing fee $ 505, receipt number 0752-14776019. Receipt number: n (Prager, Beth) (Entered: 08/03/2018)

DOCKETING Statement by County of Lake, Mark Curran, John Doe Officers, Office of the Lake County Sheriff, Supervisors, David Wathen regarding notice of appeal 19 (Prager, Beth) (Entered: 08/03/2018)

SEVENTH CIRCUIT transcript information sheet by County of Lake, Mark Curran, John Doe Officers, Office of the Lake County Sheriff, Supervisors, David Wathen (Prager, Beth) (Entered: 08/03/2018)

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 19 (jjr, ) (Entered: 08/03/2018)

TRANSMITTED to the 7th Circuit the short record on notice of appeal 19 . Notified counsel. (jjr, ) (Entered: 08/03/2018)

SEVENTH CIRCUIT transcript information sheet by County of Lake, Mark Curran, John Doe Officers, Office of the Lake County Sheriff, Supervisors, David Wathen (Prager, Beth) (Entered: 08/03/2018)

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 19 ; USCA Case No. 18-2672. (jk, ) (Entered: 08/03/2018)

CERTIFIED copy of order dated 8/14/18 from the USCA Seventh Circuit regarding notice of appeal 19 ; Appellate case no. : 18-2672: IT IS ORDERED that this appeal is DISMISSED, in accordance with Federal Rule of Appellate Procedure 42(b), ONLY as to appellees Lake County Illinois and Lake County Sheriff's Office. This appeal remains active as to the other parties. IT IS FURTHER ORDERED that briefing will proceed as follows: 1. The brief and required short appendix of the appellants are due by September 14, 2018. 2. The brief of the appellee is due by October 15, 2018. 3. The reply brief of the appellants, if any, is due by October 29, 2018. (tt, ) (Entered: 08/14/2018)

NOTICE OF ISSUANCE OF MANDATE ONLY AS TO APPELLANT, LAKE COUNTY SHERIFF'S OFFICE ; APPELLANT, LAKE COUNTY, ILLINOISof USCA dated 8/22/18 regarding notice of appeal 19 ;USCA No.18-2672 ; Record to be returned at a later date. (tt, ) (Entered: 08/22/2018)

CERTIFIED copy of order dated 8/14/18 from the USCA Seventh Circuit regarding notice of appeal 19 ; Appellate case no. : 18-2672: IT IS ORDERED that this appeal is DISMISSED, in accordance with Federal Rule of Appellate Procedure 42(b), ONLY as to appellees Lake County Illinois and Lake County Sheriff's Office. This appeal remains active as to the other parties. IT IS FURTHER ORDERED that briefing will proceed as follows: 1. The brief and required short appendix of the appellants are due by September 14, 2018. 2. The brief of the appellee is due by October 15, 2018. (tt, ) (Entered: 08/22/2018)

ORDER: Circuit Rule 33 - Briefing dated 8/22/18 from the USCA Seventh Circuit regarding notice of appeal 19 ; Appellate case no. : 18-2672: Pursuant to Circuit Rule 33, briefing in this appeal shall proceed as follows: 1. The brief and required short appendix of the appellants are due by October 10, 2018. 2. The brief of the appellee is due by November 13, 2018. 3. The reply brief of the appellants, if any, is due by November 27, 2018. (tt, ) (Entered: 08/22/2018)

MANDATE of USCA dated 9/3/2019 regarding notice of appeal 19 ; USCA No.18-2672 ; No record to be returned. (mma, ) (Entered: 09/03/2019)

CERTIFIED COPY OF USCA FINAL JUDGMENT dated 8/12/2019 regarding notice of appeal 19 ; USCA No. 18-2672. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (mma, ) (Entered: 09/03/2019)

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing is set for 9/30/2019 at 9:00 AM. Mailed notice. (ym, ) (Entered: 09/11/2019)

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 9/30/2019. Defendant to file an answer by 10/15/2019. Plaintiff stated in court that he will file a motion for class certification by 10/30/2019. Defendant's response to the motion for class certification to be filed by 12/2/2019. Reply to be filed by 12/16/2019. Once the matter is fully briefed, the Court shall take it under advisement. Mailed notice. (ym, ) (Entered: 09/30/2019)

ANSWER to Complaint with Jury Demand by County of Lake, Mark Curran, David Wathen(Rice, Stephen) (Entered: 10/15/2019)

MOTION by Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams for extension of time to file Plaintiffs' Motion for Class Certification (O'Connor, Kevin) (Entered: 10/28/2019)

NOTICE of Motion by Kevin William O'Connor for presentment of motion for extension of time to file 35 before Honorable Sharon Johnson Coleman on 11/5/2019 at 08:45 AM. (O'Connor, Kevin) (Entered: 10/28/2019)

ATTORNEY Appearance for Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams by Kevin William O'Connor (O'Connor, Kevin) (Entered: 11/04/2019)

ATTORNEY Appearance for Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams by Ashley Meghan Murray (Murray, Ashley) (Entered: 11/04/2019)

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiffs' agreed motion for extension of time to file plaintiffs' motion for class certification 35 is granted. Plaintiffs to file their motion for class certification by 11/8/2019. Defendants to file their response by 12/12/2019. Reply to be filed by 12/26/2019. No appearance necessary on 11/5/2019. Mailed notice. (ym, ) (Entered: 11/04/2019)

MOTION by Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams to certify class and Memorandum of Law In Support Responses due by 12/12/2019 (Attachments: # 1 Exhibit A-C)(O'Connor, Kevin) (Entered: 11/08/2019)

NOTICE of Motion by Kevin William O'Connor for presentment of motion to certify class, 40 before Honorable Sharon Johnson Coleman on 1/7/2020 at 08:45 AM. (O'Connor, Kevin) (Entered: 11/08/2019)

MOTION by Defendants County of Lake, Mark Curran, Office of the Lake County Sheriff, David Wathen for leave to file excess pages - Unopposed (Rice, Stephen) (Entered: 12/12/2019)

NOTICE of Motion by Stephen Joseph Rice for presentment of motion for leave to file excess pages 42 before Honorable Sharon Johnson Coleman on 12/18/2019 at 08:45 AM. (Rice, Stephen) (Entered: 12/12/2019)

RESPONSE by County of Lake, Mark Curran, Office of the Lake County Sheriff, David Wathen to MOTION by Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams to certify class and Memorandum of Law In Support 40 (Attachments: # 1 Affidavit Affidavits in Support of Response)(Rice, Stephen) (Entered: 12/12/2019)

SUPPLEMENT to response to motion, 44 - Czaplicki affidavit w signed copy of it (Rice, Stephen) (Entered: 12/13/2019)

MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' unopposed motion to file a brief in excess of 15 pages 42 is granted. Plaintiff is also given leave to file reply brief in excess of 15 pages. No appearance is necessary on 12/18/2019. Mailed notice. (ym, ) (Entered: 12/13/2019)

REPLY by Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams to response to motion, 44 (O'Connor, Kevin) (Entered: 12/26/2019)

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiffs' motion to certify certify class 40 is fully briefed, the Court shall take it under advisement. No appearance necessary on 1/7/2020. Mailed notice. (ym, ) (Entered: 01/06/2020)

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. (pj, ) (Entered: 03/17/2020)

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. (docket3, ) (Entered: 04/27/2020)

STATUS Report Joint by Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams (Popp, Matthew) (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. (docket3, ) (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. (Clerk2, Docket) (Entered: 07/10/2020)

MEMORANDUM Opinion and Order: This Court grants Plaintiff's motion for class certification 40 . The Court certifies the following sub-classes: Subclass A: all persons present in the Lake County Adult Correctional Facility between November 8, 2017, and November 10, 2017, being held as pretrial detainees. Subclass B: all persons present in the Lake County Adult Correctional Facility between November 8, 2017, and November 10, 2017, as post-conviction inmates. Signed by the Honorable Sharon Johnson Coleman on 11/17/2020. Mailed notice. (ym, ) (Entered: 11/17/2020)

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing is set for 1/4/2021 at 9:30 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 12/17/2020)

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing held on 1/4/2021. Plaintiff to issue class discovery by 1/11/2021. Parties are to submit a proposed agreed protective order to the Court's proposed order email. Case is referred to Magistrate Judge Kim for discovery supervision and settlement. Telephone status hearing is set for 2/23/2021 at 9:30 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 01/04/2021)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision and settlement conference. Mailed notice. (ym, ) (Entered: 01/04/2021)

MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for tomorrow at 11:00 a.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice (ma,) (Entered: 01/05/2021)

MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to January 20, 2021, at 11:00 a.m. by phone. Parties are to use the same call- in information. Parties reported that they have not yet conducted any discovery. They also reported that the first step to move this case forward should be for Defendants to produce a complete list of class members and their last known contact information. The court orders Defendants to produce this class list with contact information to the Class by no later than January 19, 2021. (In light of this order, the Class is not required to serve anything by January 11, 2021.) If production of the class list is not possible by the deadline set here, Defendants should be prepared to explain at the next status hearing the specific collection process they must follow and the expected time to complete the process. Parties are to also report at the next status hearing whether they wish to explore settlement options before moving forward with formal written discovery. Mailed notice (ma,) (Entered: 01/06/2021)

MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to February 3, 2021, at 11:00 a.m. by phone. Parties are to use the same call-in information. Defendants reported that they have identified 577 class members. Defendants also reported that they have produced the names and the last known addresses of the class members to class counsel. The class confirmed this report. The class is directed to share with Defendants, with a copy to the court by email, its draft notice to be mailed to the class members by January 29, 2021. Parties are expected to discuss the draft notice at the next status hearing. Mailed notice (Kim, Young) (Entered: 01/20/2021)

MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone. Parties are ordered to exchange Rule 26(a)(1) disclosures by February 24, 2021. Parties are also ordered to file a status report by March 10, 2021, identifying the individuals that they wish to depose before proceeding with formal written discovery. The court will issue a follow-up order once it reviews the status report. Class is ordered to mail out the class notices by March 10, 2021. Mailed notice (ma,) (Entered: 02/03/2021)

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing held on 2/23/2021 and continued to 6/23/2021 at 9:30 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 02/23/2021)

CERTIFICATE of Service Plaintiffs' Initial Rule 26(a) Disclosures to Defendants by Kevin William O'Connor on behalf of Tapanga Hardeman (O'Connor, Kevin) (Entered: 02/24/2021)

STATUS Report by Tapanga Hardeman (Popp, Matthew) (Entered: 03/10/2021)

MINUTE entry before the Honorable Young B. Kim: In light of the joint status report, (R. 66), the parties are to comply with the following: (1) Plaintiffs are ordered to file a motion, by March 26, 2021, for leave to depose Mark Curran and John Idelberg and explain the general nature of the information they seek to discover through their depositions and the relevance of such information to this matter, and Defendants are to file a response thereto by April 9, 2021; (2) the parties are to schedule and confirm the dates and times for the depositions of the nine individuals identified in Plaintiffs' Rule 26(a)(1) disclosures (to take place between April 2 and May 14, 2021) by March 19, 2021 (if any of these individuals are in custody, Defendants are granted leave to depose them in custody); (3) the parties are to schedule and confirm the dates and times for the depositions of the other four individuals identified in Defendants' Rule 26(a)(1) disclosures (to take place between May 17 and June 11, 2021) by March 19, 2021; and (4) the parties are to file a joint status report by March 22, 2021, advising the court of the confirmed schedule for the 13 depositions noted herein. Mailed notice (ma,) (Entered: 03/10/2021)

MEMORANDUM Opinion and Order Signed by the Honorable Young B. Kim on 4/26/2021. (ma,)

Protective Order

Order on Motion for Protective Order

Order on Motion for Protective Order

Protective Order