Case: Rogers v. Sheriff of Cook County

1:15-cv-11632 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 23, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 23, 2015, the plaintiff, a prisoner in the Cook County jail, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff later amended the complaint twice, adding two plaintiffs and to seeking class-action certification. The plaintiffs, represented by private counsel, sued both the Sheriff of Cook County in his official capacity and Cook County itself for damages under Section 202 of the Americans with Disabilities Act, 42 U.S.C. § 12132; Secti…

On December 23, 2015, the plaintiff, a prisoner in the Cook County jail, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff later amended the complaint twice, adding two plaintiffs and to seeking class-action certification. The plaintiffs, represented by private counsel, sued both the Sheriff of Cook County in his official capacity and Cook County itself for damages under Section 202 of the Americans with Disabilities Act, 42 U.S.C. § 12132; Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a); and 42 U.S.C. § 1983. The plaintiffs alleged that the Cook County Jail's policy of forced tapering of inmates participating in opioid antagonist therapy caused them great physical pain and thereby deprived them of their Eighth and Fourteenth Amendment rights. The plaintiffs sought class-action certification and compensatory damages for their pain and suffering. The case was assigned to Judge Edmond E. Chang.

The named plaintiffs all entered the Cook County Jail between late 2013 to early 2014. During that time, the plaintiffs informed intake personnel of their enrollment in opioid antagonist therapy. Each experienced extremely painful withdrawal symptoms after administration of their prescribed medical treatment was delayed. One entered the jail on January 20, 2014, and did not receive treatment until January 26, 2014. The second entered the jail on December 23, 2013, and did not receive treatment until December 25, 2013. The third entered the jail on September 12, 2013, and did not receive treatment until September 20, 2013.

The defendants filed a motion to dismiss the claims, but Judge Chang denied the motion on June 27, 2016. Judge Chang noted that the plaintiffs may face difficulty in proving their claim, but declined to evaluate the facts at that stage of the litigation.

On November 29, 2020, the court granted class certification for the plaintiffs’ Eighth and Fourteenth Amendment claims and denied class certification for the plaintiffs’ Americans with Disabilities Act and Rehabilitation Act claims. 2020 WL 7027556. The court held that the plaintiffs’ Eighth and Fourteenth Amendment claims raised “questions that are necessarily common to all class members,” such as Cook County Jail officials’ state of mind when developing the tapering policy, whereas the plaintiffs’ ADA and Rehabilitation Act claims required individualized determinations. The court divided the class it into two classes: “Pre-trial Detainees” consisted of all pre-trial detainees who entered the Cook County Jail between December 23, 2013 and October 7, 2019 and who were lawfully taking an opioid antagonist when they entered. ; “Post-sentence Prisoners” consisted of all post-sentencing prisoners who were lawfully taking an opioid antagonist when they entered the Cook County Jail between the same time period.

This case is ongoing.

Summary Authors

Kevin Longhany (10/18/2019)

Becca Rogers (12/19/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6349240/parties/rogers-v-cook-county/


Judge(s)

Chang, Edmond E-Min (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Attorneys(s) for Defendant

Bonner, David Lee (Illinois)

Cargie, Thomas E. (Illinois)

Chandler, James J. (Illinois)

Dombrowski, Gerald Michael (Illinois)

Henretty, Lyle Kevin (Illinois)

Morris, Patrick Daniel (Illinois)

Power, John M. (Illinois)

Scheller, Jessica Megan (Illinois)

Judge(s)

Chang, Edmond E-Min (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Attorneys(s) for Defendant

Bonner, David Lee (Illinois)

Cargie, Thomas E. (Illinois)

Chandler, James J. (Illinois)

Dombrowski, Gerald Michael (Illinois)

Henretty, Lyle Kevin (Illinois)

Morris, Patrick Daniel (Illinois)

Power, John M. (Illinois)

Scheller, Jessica Megan (Illinois)

Sorich, Michael Jude (Illinois)

White, Meghan Domenica (Illinois)

Zecchin, Anthony E. (Illinois)

Documents in the Clearinghouse

Document

1:15-cv-11632

Docket [PACER]

Nov. 29, 2020

Nov. 29, 2020

Docket
1

1:15-cv-11632

Complaint

Dec. 23, 2015

Dec. 23, 2015

Complaint
74

1:15-cv-11632

Plaintiff's Motion to Certify Case as a Class Action

Nov. 21, 2016

Nov. 21, 2016

Pleading / Motion / Brief
90

1:15-cv-11632

Order

Sept. 29, 2017

Sept. 29, 2017

Order/Opinion
91

1:15-cv-11632

Confidentiality Order

Oct. 6, 2017

Oct. 6, 2017

Order/Opinion
132

1:15-cv-11632

Order

March 29, 2019

March 29, 2019

Order/Opinion
133

1:15-cv-11632

Second Amended Complaint

March 30, 2019

March 30, 2019

Complaint
178

1:15-cv-11632

Memorandum Opinion and Order

2020 WL 7027556

Nov. 29, 2020

Nov. 29, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6349240/rogers-v-cook-county/

Last updated Aug. 7, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Keith Rogers; Jury Demand. Filing fee $ 400, receipt number 0752-11433006.(Flaxman, Kenneth) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
2

CIVIL Cover Sheet (Flaxman, Kenneth) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
3

ATTORNEY Appearance for Plaintiff Keith Rogers by Kenneth N Flaxman (Flaxman, Kenneth) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Daniel Martin. (daj, )

Dec. 28, 2015

Dec. 28, 2015

PACER
4

ATTORNEY Appearance for Plaintiff Keith Rogers by Joel A. Flaxman (Flaxman, Joel) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER

SUMMONS Issued as to Defendants Sheriff of Cook County, Cook County Illinois (jp, )

Dec. 28, 2015

Dec. 28, 2015

PACER
5

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County Illinois by David Lee Bonner (Bonner, David) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
6

MOTION by Defendants Sheriff of Cook County, Cook County Illinois for extension of time to file answer (Bonner, David) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
7

NOTICE of Motion by David Lee Bonner for presentment of motion for extension of time to file answer 6 before Honorable Edmond E. Chang on 1/19/2016 at 08:30 AM. (Bonner, David) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
8

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County Illinois by Michael Jude Sorich (Sorich, Michael) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
9

MOTION by Defendants Sheriff of Cook County, Cook County Illinois for extension of time to file answer (Bonner, David) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
10

NOTICE by Sheriff of Cook County, Cook County Illinois (Bonner, David) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
11

MINUTE entry before the Honorable Edmond E. Chang: Status hearing set for 03/14/2016 at 9:30 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Additionally, the parties must read Judge Chang's Case Management Procedures on the Court's website; those Procedures are considered standing orders in this case. Judge Chang's Case Management Procedures were revised in December 2014.Emailed notice (Attachments: # 1 Status Report Requirements) (slb, ) (Entered: 01/11/2016)

1 Status Report Requirements

View on PACER

Jan. 11, 2016

Jan. 11, 2016

PACER
12

MINUTE entry before the Honorable Edmond E. Chang: The defense extension motion [6, 9] to answer or respond to the complaint is granted to 03/04/2016. In view of the length of the extension, the Court does expect that there would likely not be a need for another extension. Emailed notice (slb, ) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
13

ANSWER to Complaint with Jury Demand by Sheriff of Cook County, Cook County Illinois(Bonner, David) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
14

NOTICE by Sheriff of Cook County, Cook County Illinois re answer to complaint 13 (Bonner, David) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
15

STATUS Report (Joint Initial Status Report) by Keith Rogers (Flaxman, Joel) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
18

MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Rule 26(a)(1) disclosures due 04/08/2016. The first-round of written discovery requests must be issued no later than 04/13/2016. Fact discovery, including treating physicians (Rule 26(a)(2)(C) disclosures for any treaters are due no later than 60 days before the close of fact of discovery), shall close by 08/16/2016. Rule 16(b) motions to add parties or amend pleadings are due by 06/13/2016. Any Rule 26(a)(2) expert disclosures (whether retained or not) are due 30 days after the close of fact discovery, and the 30-day deadline is adjusted automatically if the close of fact discovery is adjusted. No summary judgment motions may be filed before the close of discovery without leave of Court. The parties shall work promptly on a HIPAA order and discovery confidentiality order. As discussed in Court, Plaintiff's counsel tried to explain the length of the proposed discovery schedule by saying that, in addition to the methadone-delay claim, that there is also a claim for forced tapering for every detainee. But no such claim is in the complaint. Plaintiff must act very promptly if he wishes to seek leave to amend the complaint to assert that type of claim. With regard to settlement negotiations, Plaintiff shall send a settlement demand to Defendants by 03/16/2016, explaining in detail the basis for liability, itemizing damages, and making a good-faith demand that takes into account the risks of litigation, the time and expense of litigation. Defendants shall respond to Plaintiff's proposal by 03/31/2016, explaining in detail the basis for Defendant's offer and taking into account the same risks and costs of litigation. Defendants shall submit a copy of the proposal and response to chambers through the Proposed Order e-mail account. The parties may jointly call the courtroom deputy for a settlement referral to the magistrate judge or to schedule a settlement conference with the Court before the next status hearing. Status hearing set for 05/25/2016 at 9:00 a.m. Emailed notice (slb, ) (Entered: 03/15/2016)

March 14, 2016

March 14, 2016

PACER
16

MOTION by Plaintiff Keith Rogers for protective order (Agreed Motion for Entry of Agreed Qualified HIPAA Protective Order) (Flaxman, Joel) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
17

(Agreed Motion) NOTICE of Motion by Joel A. Flaxman for presentment of motion for protective order 16 before Honorable Edmond E. Chang on 3/21/2016 at 08:30 AM. (Flaxman, Joel) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
19

MINUTE entry before the Honorable Edmond E. Chang:Plaintiff's agreed motion for protective order 16 is granted. Emailed notice (slb, ) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
20

AGREED Qualified HIPAA Protective Order Signed by the Honorable Edmond E. Chang on 3/16/2016:Emailed notice(slb, ) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
21

MOTION by Plaintiff Keith Rogers to amend/correct complaint 1 (Unopposed Motion to File Amended Complaint) (Flaxman, Joel) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
22

NOTICE of Motion by Joel A. Flaxman for presentment of motion to amend/correct, motion for relief 21 before Honorable Edmond E. Chang on 3/21/2016 at 08:30 AM. (Flaxman, Joel) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
23

MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's unopposed motion to file amended complaint 21] is granted. Plaintiff shall file the amended complaint on the docket as a separate entry. Defendants' answer due by 04/15/2016. Any supplemental Rule 26(a)(1) disclosures due by 04/22/2016 (still make the initial set of disclosures on the original complaint by 04/08/2016). Emailed notice (Chang, Edmond) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
24

AMENDED complaint by Keith Rogers against All Defendants (Flaxman, Kenneth) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
25

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count II (Bonner, David) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
26

NOTICE of Motion by David Lee Bonner for presentment of Motion to Dismiss for Failure to State a Claim 25 before Honorable Edmond E. Chang on 4/11/2016 at 08:30 AM. (Bonner, David) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
27

MEMORANDUM by Keith Rogers in Opposition to Motion to Dismiss for Failure to State a Claim 25 (Flaxman, Joel) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
28

MOTION by Plaintiff Keith Rogers for protective order (Flaxman, Joel) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
29

NOTICE of Motion by Joel A. Flaxman for presentment of motion for protective order 28 before Honorable Edmond E. Chang on 4/11/2016 at 08:30 AM. (Flaxman, Joel) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
30

MINUTE entry before the Honorable Edmond E. Chang: Both motions hearings [25, 28] of 04/11/2016 are reset to 04/18/2016 at 10:30 a.m. Emailed notice (slb, ) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
31

MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Defendants' partial motion to dismiss 25 and Plaintiff's motion for protective order 28 . The Court discussed various issues and concerns with the parties. On the dismissal motion, Defendants shall file a reply by 04/25/2016. Plaintiff may file a sur-reply by 05/09/2016. The motion for protective order 28 is entered and continued. In light of the pending motion to dismiss, the answer deadline to the complaint is suspended, but the parties must proceed with discovery on the forced tapering claim (it was not targeted by the dismissal motion). Status hearing set for 05/19/2016 at 10:30 a.m.Emailed notice (slb, ) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
32

REPLY by Sheriff of Cook County, Cook County Illinois to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count II 25 (Bonner, David) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
33

NOTICE by Sheriff of Cook County, Cook County Illinois re reply to response to motion 32 (Bonner, David) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
34

WITHDRAWING Michael J. Sorich as counsel for Defendants Sheriff of Cook County, Cook County Illinois and substituting Anthony E. Zecchin as counsel of record (Zecchin, Anthony) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
35

SUR-REPLY by Plaintiff Keith Rogers to Motion to Dismiss for Failure to State a Claim 25 (Plaintiff's Sur-Reply in Opposition to Defendants' Motion to Dismiss) (Flaxman, Joel) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
36

MINUTE entry before the Honorable Edmond E. Chang: Defendants' partial motion to dismiss 25 and Plaintiff's related motion for HIPAA protective order 28 are under advisement. The parties must continue to make progress on discovery for the forced tapering claim. Status hearing of 05/19/2016 (as well as the previously set status hearing of 05/25/2016) is reset to 06/08/2016 at 10:15 a.m.Emailed notice (slb, ) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
37

MINUTE entry before the Honorable Edmond E. Chang: The Court has under advisement Defendants' partial motion to dismiss 25 (and the related motion for HIPAA protective order 28 filed by Plaintiff). The parties should continue to take discovery for the tapering claim. Status hearing of 06/08/2016 is reset to 06/28/2016 at 10:15 AM.Emailed notice (slb, ) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
38

MOTION by Plaintiff Keith Rogers to vacate Deadlines for Rule 16(b) Motions and Rule 26(a)(2)(C) Disclosures (Flaxman, Joel) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
39

NOTICE of Motion by Joel A. Flaxman for presentment of motion to vacate 38 before Honorable Edmond E. Chang on 6/16/2016 at 08:30 AM. (Flaxman, Joel) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
40

MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion to vacate Rule 16(b) and Rule 26(a)(2)(C) disclosures 38 is granted, in view of the pending partial dismissal motion and the discovery back/forth cited in the motion. The Court will reset the schedule at the next status hearing. Emailed notice (slb, ) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
41

MINUTE entry before the Honorable Edmond E. Chang: After reviewing the briefs on Defendants' motion to dismiss Count 2 25, the Court denies the motion, though it is a close call. Despite the parties' arguments to the contrary, there is no bright-line rule either way when it comes to adequately alleging Monell claims. The substantive elements of the underlying constitutional right and the particular circumstances of each factual setting will vary too much from case to case for there to be a bright line. Here, proving the methadone-delay claim will require Plaintiff to prove deliberate indifference to that medical need, meaning, that policy makers disregarded a serious risk that there would be a delay in administering methadone till the fourth day of detention (Day Four is the benchmark that Plaintiff focuses on). The 2009-2011 data relied on by Plaintiff show 73 detainees did not get methadone until the fourth day -- but many more detainees (1,368 of them) *did* receive methadone sometime during Days Zero through Tree. And Plaintiff was not detained until 01/20/2014, so the data's usefulness is questionable. But this type of scrutiny of the facts is not for the dismissal-motion stage. So the motion is denied, and Defendants must answer the Amended Complaint by 07/11/2016. Moreover, discovery will proceed to reflect the substantive standard and the need to balance efficiency and proportionality. Specifically, Plaintiff may seek data concerning other detainees on Count 2, but must start with the time period of 09/20/2013 through 01/20/2014. This four-month time period, at least to start, makes sense because Monell requires that the municipality's policy or custom be the moving force to the violation. If discovery does not unearth some evidence of the unlawful policy or custom for the four-month period before Plaintiff's detention, then the discovery will stop. On the other hand, if discovery for this time period shows a reason to keep going, then the time period can be expanded. The motion for HIPAA protective order 28 is granted, in light of the anticipated discovery. The HIPAA order will be entered on the docket separately. At the next status hearing, the Court will set the remainder of the discovery schedule.Emailed notice (Chang, Edmond) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
42

SECOND Quailified HIPAA Protective Order Signed by the Honorable Edmond E. Chang on 6/27/2016:Emailed notice(slb, ) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
43

MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Fact discovery, including treating physicians (Rule 26(a)(2)(C) disclosures for any treaters are due no later than 45 days before the close of fact discovery), shall close by 12/05/2016. Any Rule 26(a)(2) expert disclosures (whether retained or not) are due 30 days after the close of fact discovery, and the 30-day deadline is adjusted automatically if the close of fact discovery is adjusted. No summary judgment motions may be filed before the close of discovery without leave of Court. Plaintiff's counsel mentioned the possibility of class-action treatment, but right now the case is alleged as an individual action. Plaintiff may seek leave to amend the complaint, but the parties must bear this in mind for discovery so that the parties are able to brief a motion for class certification after the close of discovery (if the complaint is amended to allege a class). Status hearing set for 08/31/2016 at 9:30 AM.Emailed notice (slb, ) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
44

ATTORNEY Appearance for Defendant Cook County Illinois by Thomas E. Cargie (Cargie, Thomas) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
45

ANSWER to amended complaint and Affirmative Defenses by Cook County Illinois(Cargie, Thomas) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
46

ANSWER to amended complaint by Sheriff of Cook County(Bonner, David) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
47

NOTICE by Sheriff of Cook County re answer to amended complaint 46 (Bonner, David) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
48

MOTION by Plaintiff Keith Rogers to compel (Flaxman, Joel) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

PACER
49

NOTICE of Motion by Joel A. Flaxman for presentment of motion to compel 48 before Honorable Edmond E. Chang on 8/11/2016 at 08:30 AM. (Flaxman, Joel) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

PACER
50

MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the motion hearing on Plaintiff's motion to compel 48 is reset to 1:30 p.m. on the same date, 08/11/2016.Emailed notice (slb, ) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

PACER
51

MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion compel 48 . The County disclosed data in response to Document Request 1. With regard to the remaining issues, by 08/16/2016, the parties shall confer on the motion. After the initial conferral, the parties shall have a follow-up conferral on 08/22/2016. The motion is entered and continued to 08/23/2016 at 1:30 p.m., at which time the Court will address any remaining disputes.Emailed notice (slb, ) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
52

TRANSCRIPT OF PROCEEDINGS held on 3-14-16 before the Honorable Edmond E. Chang. Court Reporter Contact Information: Krista Flynn Burgeson, Krista_Burgeson@ilnd.uscourts.gov, 312-435-5567. 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 9/5/2016. Redacted Transcript Deadline set for 9/15/2016. Release of Transcript Restriction set for 11/14/2016. (Burgeson, Krista) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
53

MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion to compel 48 . As a formal matter, the motion is terminated as no longer necessary in view of the conferrals and agreed disclosures, and because pre-motion conferrals were not really sufficient to justify a compulsion order. As discussed during the hearing, Defendants shall respond to Plaintiff's Interrogatories 4, 5, and 14 by 08/26/2016. By 09/17/2016, Defendants shall produce documents responsive to the pending production requests, covering the time period 01/01/2011 to 01/20/2014. Pending the entry of a protective order as to certain designated documents, the documents shall be disclosed under attorney's-eyes only protection (but also allowing Plaintiff's experts to review them) to avoid delay. Defendants' motion for protective order, invoking the Medical Studies Act or other privilege, statute, or regulation, due 09/17/2016. Plaintiff's response, if any, due 09/24/2016. Defense reply due 10/03/2016. The status hearing of 08/31/2016 is reset to 10/11/2016 at 9:30 a.m. Emailed notice (slb, ) (Entered: 08/25/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
54

TRANSCRIPT OF PROCEEDINGS held on August 23, 2016, before the Honorable Edmond E. Chang. Court Reporter Contact Information: Nancy L. Bistany, CSR, RPR, FCRR - nancy_bistany@ilnd.uscourts.gov - 312.435.7626. 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 10/4/2016. Redacted Transcript Deadline set for 10/14/2016. Release of Transcript Restriction set for 12/12/2016. (Bistany, Nancy) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
55

MOTION by Defendant Cook County Illinois for protective order and support for claim of privilege pursuant to Illinois Medical Studies Act. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cargie, Thomas) (Entered: 09/19/2016)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Sept. 19, 2016

Sept. 19, 2016

PACER
56

MEMORANDUM by Keith Rogers in Opposition to motion for protective order 55 (Flaxman, Joel) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
57

REPLY by Defendant Cook County Illinois to motion for protective order 55 (Attachments: # 1 Exhibit 1)(Cargie, Thomas) Modified on 10/3/2016 (kp, ). (Docket Text modified by Clerks Office). (Entered: 10/03/2016)

1 Exhibit 1

View on PACER

Oct. 3, 2016

Oct. 3, 2016

PACER
58

MINUTE entry before the Honorable Edmond E. Chang: With regard to the motion for protective order 55, Defendant Cook County shall file on the electronic docket, under seal and ex parte, a copy of both the redacted and unredacted Opioid Treatment Program documents referred to in the briefing. (If Defendant files the documents under seal electronically, it will automatically be ex parte because no party/attorney will be able to access it.) The filing shall be made by 10/12/2016. The status hearing of 10/11/2016 is reset to 10/26/2016 at 9:15 AM.Emailed notice (slb, ) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
59

SEALED DOCUMENT by Defendant Cook County Illinois (Cargie, Thomas) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
60

SEALED DOCUMENT by Defendant Cook County Illinois (Cargie, Thomas) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
61

SEALED DOCUMENT by Defendant Cook County Illinois Amended filing (Cargie, Thomas) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
62

MINUTE entry before the Honorable Edmond E. Chang: Due to the Court's trial schedule, the status hearing of 10/26/2016 is reset to 11/03/2016 at 9 a.m. Emailed notice (slb, ) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
63

ATTORNEY Appearance for Defendant Sheriff of Cook County by John Power (Power, John) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

PACER
64

MOTION by Plaintiff Keith Rogers to compel (Flaxman, Joel) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
65

NOTICE of Motion by Joel A. Flaxman for presentment of motion to compel 64 before Honorable Edmond E. Chang on 11/3/2016 at 08:30 AM. (Flaxman, Joel) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
66

MINUTE entry before the Honorable Edmond E. Chang: On Plaintiff's motion to compel 64 certain detainee information, the defense shall respond by 11/09/2016. Plaintiff may reply by 11/14/2016. The status and motion hearing are reset to 11/16/2016 at 10:45 AM.Emailed notice (slb, ) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
67

MOTION by Plaintiff Keith Rogers to vacate and Reset Discovery Cutoff Date in Light of Pending Discovery Motions (Flaxman, Joel) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
68

NOTICE of Motion by Joel A. Flaxman for presentment of motion to vacate 67 before Honorable Edmond E. Chang on 11/15/2016 at 08:30 AM. (Flaxman, Joel) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
69

RESPONSE by Sheriff of Cook Countyin Opposition to MOTION by Plaintiff Keith Rogers to compel 64 (Attachments: # 1 Notice of Filing)(Power, John) (Entered: 11/09/2016)

1 Notice of Filing

View on PACER

Nov. 9, 2016

Nov. 9, 2016

PACER
70

MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's discovery extension motion 67 is entered and continued to 11/16/2016, at 10:45 a.m., to coincide with the status hearing. Emailed notice (slb, ) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
71

REPLY by Keith Rogers to response in opposition to motion 69 (Flaxman, Joel) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
72

MINUTE entry before the Honorable Edmond E. Chang: The Court has under advisement the defense motion for protective order 55 and Plaintiff's motion to compel 64 . The status and motion hearings of 11/16/2016 are reset to 12/02/2016 at 10:45 a.m. The extension motion on fact discovery 67 is granted; even if the protective order is granted and the motion to compel denied, still the parties would need to consider whether additional discovery is needed. A new deadline will be set at the next hearing. Emailed notice (slb, ) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
73

RESPONSE by Defendant Sheriff of Cook County to response in opposition to motion 69 Supplemental Response (Attachments: # 1 Notice of Filing)(Power, John) (Entered: 11/18/2016)

1 Notice of Filing

View on PACER

Nov. 18, 2016

Nov. 18, 2016

PACER
74

MOTION by Plaintiff Keith Rogers to certify class (Flaxman, Kenneth) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
75

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 74 before Honorable Edmond E. Chang on 11/30/2016 at 08:30 AM. (Flaxman, Kenneth) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
76

MOTION by Defendant Sheriff of Cook County for protective order, MOTION by Defendant Sheriff of Cook County to quash (Attachments: # 1 Exhibit Exhibit 1)(Power, John) (Entered: 11/22/2016)

1 Exhibit Exhibit 1

View on PACER

Nov. 22, 2016

Nov. 22, 2016

PACER
77

NOTICE of Motion by John Power for presentment of motion for protective order, motion to quash 76 before Honorable Edmond E. Chang on 11/30/2016 at 08:30 AM. (Power, John) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
78

AMENDED NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 74 before Honorable Edmond E. Chang on 12/2/2016 at 10:45 AM. (Flaxman, Kenneth) (Entered: 11/27/2016)

Nov. 27, 2016

Nov. 27, 2016

PACER
79

MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion to certify class 74 is reset to coincide with the status hearing of 12/02/2016 at 10:45 a.m., when the Court will discuss whether the motion is ready to be briefed. Defendant Sherriff's motion for protective order 76 is also reset to the status hearing date and time; in the meantime, the discovery requests that are the subject of the motion are suspended.Emailed notice (slb, ) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
80

MINUTE entry before the Honorable Edmond E. Chang: To allow more time for the Court to review the filings, the status and motion hearings of 12/02/2016 are reset to 12/13/2016 at 10 a.m. Emailed notice (slb, ) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
81

RESPONSE by Keith Rogersin Opposition to MOTION by Defendant Sheriff of Cook County for protective order MOTION by Defendant Sheriff of Cook County to quash 76 (Flaxman, Joel) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
82

MINUTE entry before the Honorable Edmond E. Chang: The Court has the pending motions under advisement and resets the status hearing of 12/13/2016 to 12/19/2016 at 2:30 p.m. Emailed notice (slb, ) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
83

MINUTE entry before the Honorable Edmond E. Chang: The status hearing and pending motions 55 74 76 are reset from 12/19/2016 to 01/06/2017 at 09:30 AM.Emailed notice (Chang, Edmond) (Entered: 12/18/2016)

Dec. 18, 2016

Dec. 18, 2016

PACER
84

MINUTE entry before the Honorable Edmond E. Chang: In light of an appellate-argument scheduling conflict on Plaintiff's counsel's calendar, the hearing of 01/06/2017 is reset to 01/11/2017 at 11 a.m. Emailed notice (slb, ) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
85

MINUTE entry before the Honorable Edmond E. Chang: The Court will post an order dealing with the pending discovery motions in due course, and will reset the status hearing at that time. The status hearing of 01/11/2017 is vacated.Emailed notice (Chang, Edmond) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
86

ATTORNEY Appearance for Defendant Cook County Illinois by James J. Chandler (Chandler, James) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
87

MOTION by Plaintiff Keith Rogers to expedite ruling (Flaxman, Joel) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
88

NOTICE of Motion by Joel A. Flaxman for presentment of motion to expedite 87 before Honorable Edmond E. Chang on 9/28/2017 at 08:30 AM. (Flaxman, Joel) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
89

MINUTE entry before the Honorable Edmond E. Chang: The Court plans to issue a decision on the discovery motions in the next week, so the motion to expedite 87 is denied. Emailed notice (slb, ) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
90

ORDER signed by the Honorable Edmond E. Chang on 9/29/2017: For the reasons stated in the Order, Defendants' motion for protective order as to OTP Committee 55 is denied in large part and granted in part; Plaintiff's motion to compel data 64 is granted in part and denied in part; Defendants' motion 76 to quash 30(b)(6) notice is granted in light of the decision on the motion to compel data; and Plaintiff's motion 74 to certify class is terminated without prejudice as premature. At the next status hearing, the Court will discuss the discovery plan, including class-certification discovery, with the parties. The status hearing is set for 10/11/2017, at 10 a.m. Emailed notice(Chang, Edmond) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
91

PROTECTIVE Order signed by the Honorable Edmond E. Chang on 10/6/2017: This is the confidentiality order governing discovery materials.Emailed notice(Chang, Edmond) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
92

CERTIFICATE of Service of Defendant, Cook County's Production of Un-Redacted Documents Pursuant to Judge Emdond Chang's Order dated September 29, 2017 by James J. Chandler on behalf of Cook County Illinois (Chandler, James) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
93

MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. The Court discussed a reasonable deadline to close fact discovery on the merits of Plaintiff's individual claim and the propriety of class certification. Plaintiff reported that he will not need a retained expert for class certification; the defense was not yet sure. To the extent that the defense will use County employees as Rule 26(a)(2)(C) experts, the summaries are due by 12/11/2017. Fact discovery on individual merits and the propriety of class certification shall close by 02/08/2018, and if no retained experts are disclosed that will be the close of all discovery (the parties should have a firmer idea on retained experts by the next status hearing). Status hearing is set for 12/12/2017 at 10:15 a.m. Mailed notice (ags, ) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
94

WITHDRAWING James J. Chandler as counsel for Defendant Sheriff of Cook County and substituting Jessica Megan Scheller as counsel of record (Scheller, Jessica) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
95

WITHDRAWING David Lee Bonner, Jessica Megan Scheller, John Power and Anthony E. Zecchin as counsel for Defendant Sheriff of Cook County and substituting Gerald Michael Dombrowski as counsel of record (Dombrowski, Gerald) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
96

WITHDRAWING James J. Chandler as counsel for Defendant Cook County Illinois and substituting Jessica Megan Scheller as counsel of record (Scheller, Jessica) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
97

MOTION by Defendant Cook County Illinois for extension of time to complete discovery Unopposed (Scheller, Jessica) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
98

Unopposed NOTICE of Motion by Jessica Megan Scheller for presentment of motion for extension of time to complete discovery 97 before Honorable Edmond E. Chang on 12/12/2017 at 08:30 AM. (Scheller, Jessica) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 23, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoners who were subjected to Defendants' opioid "tapering policy" while inmates at the Cook County Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cook County (Cook), County

Sheriff's Office (Cook), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

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:

Conditions of confinement

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Race:

Race, unspecified

Disability:

disability, unspecified

Opioid disorder/medication

Medical/Mental Health:

Medication, administration of

Type of Facility:

Government-run