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Case: Romero v. Mount Prospect

1:00-cv-00861 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 11, 2000

Clearinghouse coding complete

Case Summary

This case is about racial profiling by police officers in Illinois. On February 11, 2000, three Hispanic motorists filed a complaint against the Village of Mount Prospect, Illinois (the Village), the Mount Prospect Police Department (MPPD), the Chief of Police, and several individual officers. The plaintiffs sought class certification and the case was assigned to Judge James Zagel. The complaint was amended several times, with the last amended complaint filed on April 5, 2000. We don't have acc…

This case is about racial profiling by police officers in Illinois.

On February 11, 2000, three Hispanic motorists filed a complaint against the Village of Mount Prospect, Illinois (the Village), the Mount Prospect Police Department (MPPD), the Chief of Police, and several individual officers. The plaintiffs sought class certification and the case was assigned to Judge James Zagel.

The complaint was amended several times, with the last amended complaint filed on April 5, 2000. We don't have access to the filings and, as such, do not have any further information about the cause of action or specific allegations by the plaintiffs.

From the docket we know that on June 6, 2000, the Village and MPPD filed a motion to dismiss one of the plaintiffs' claims and two named officers filed a separate motion to dismiss the claims against them. On June 13, 2000, another named officer moved to dismiss all claims against him. Then, on October 23, 2000, the court denied in part and granted in part the motions to dismiss. The conspiracy claims were dismissed without prejudice.

Throughout 2001 and 2002, the parties held numerous status conferences before Judge Zagel. On November 6, 2002, the plaintiffs filed a motion for voluntary dismissal against the individual defendants, which was granted on November 13. The parties filed a joint motion for preliminary approval of a class action settlement on November 7, which was also granted on November 13.

Around the time this case was filed in 2000, the U.S. Department of Justice (DOJ) undertook an investigation of MPPD as a result of other allegations of the police department's racial profiling of Hispanics. As a result of the investigation, the DOJ and MPPD entered into an agreement in January 2003 that provided a number of changes to be implemented by MPPD. The changes included creation of a written policy prohibiting discrimination, new documentation requirements for all traffic stops, and improved training and supervision of police officers. The agreement also required that MPPD publish a semi-annual report providing information on traffic stops and the investigations of any complaints. The changes from the DOJ's involvement may have impacted this case, but we are unsure if they did and to what extent.

The hearing on the final approval of the class action settlement was held on February 11, 2003. A judgment was entered granting the settlement, which terminated the case.

Summary Authors

Rachel Kreager (2/24/2021)

Related Cases

DOJ Investigation of the Village of Mount Prospect, Illinois Police Department, No Court (2000)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/30861965/parties/romero-v-mt-prospect-vlg/


Judge(s)

Zagel, James Block (Illinois)

Attorneys(s) for Plaintiff

Hervas, Charles E. (Illinois)

Hirsch, Michelle J. (Georgia)

Munoz, Gustavo (Illinois)

Rueckert, Steven Craig (Illinois)

Sax, Jason M. (Illinois)

Wilkes, Peter J. (Illinois)

Attorneys(s) for Defendant

Ekl, Terry A. (Illinois)

Garrett, Frank Bennett III (Illinois)

Kulling, Kevin G. (Illinois)

Judge(s)

Zagel, James Block (Illinois)

Attorneys(s) for Plaintiff

Hervas, Charles E. (Illinois)

Hirsch, Michelle J. (Georgia)

Munoz, Gustavo (Illinois)

Rueckert, Steven Craig (Illinois)

Sax, Jason M. (Illinois)

Wilkes, Peter J. (Illinois)

Attorneys(s) for Defendant

Ekl, Terry A. (Illinois)

Garrett, Frank Bennett III (Illinois)

Kulling, Kevin G. (Illinois)

Kurnik, William W. (Illinois)

Miller, Stephen Richard (Illinois)

Sanchez, Manuel (Illinois)

Scarry, Laura Lee (Illinois)

Sotos, James G. (Illinois)

Winters, Mark Edward (Illinois)

Zullo, Peter Frank (Illinois)

Documents in the Clearinghouse

Document

1:00-cv-00861

Docket [PACER]

Feb. 11, 2003

Feb. 11, 2003

Docket

Docket

See docket on RECAP: https://www.courtlistener.com/docket/30861965/romero-v-mt-prospect-vlg/

Last updated Oct. 28, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Gustavo Munoz, Steven Craig Rueckert, Peter J. Wilkes as attorney(s) for plaintiff ( six originals and six copies summons(es) issued.) ( Documents: 1-1 through 1-3) (fce) (Entered: 02/14/2000)

Feb. 11, 2000

Feb. 11, 2000

PACER

RECEIPT regarding payment of filing fee paid; on 2/11/00 in the amount of $ 150.00, receipt # 7210. (fce)

Feb. 11, 2000

Feb. 11, 2000

PACER
2

AMENDED class action complaint [1-1] by plaintiff (fce) (Entered: 02/15/2000)

Feb. 14, 2000

Feb. 14, 2000

PACER
3

ATTORNEY APPEARANCE for defendants Mt Prospect, Vlg, Mt Prospect PD by James Gus Sotos, Charles E. Hervas, Kimberly D. Fahrbach and Kevin G. Kulling; Notice (fce) Modified on 03/09/2000 (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

PACER
5

AGREED MOTION by parties to extend time for defendants to respond to plaintiff's pleadings ; Notice (fce) (Entered: 03/20/2000)

March 6, 2000

March 6, 2000

PACER
6

MINUTE ORDER of 3/9/00 by Hon. James B. Zagel : Agreed motion to extend time is granted [5-1]. Amended complaint due by 3/20/00. Response to the amended complaint due 4/19/00. Telephoned notice (fce) (Entered: 03/20/2000)

March 9, 2000

March 9, 2000

PACER
4

ADDITIONAL ATTORNEY APPEARANCE for defendant Mt Prospect, Vlg by William W. Kurnik, Michelle Jeanette Hirsch. (vmj) (Entered: 03/14/2000)

March 13, 2000

March 13, 2000

PACER
7

SECOND AMENDED COMPLAINT [2-1] by plaintiffs; adding Silvia Meyers (fce) (Entered: 03/20/2000)

March 17, 2000

March 17, 2000

PACER

MAILED Rule 3.14 letter to Steven Craig Rueckert and Gustavo Munoz (fce)

March 20, 2000

March 20, 2000

PACER
8

ATTORNEY APPEARANCE for defendant Ronald Pavlock by Terry A. Ekl ; Notice (fce) Modified on 03/28/2000 (Entered: 03/28/2000)

March 27, 2000

March 27, 2000

PACER
9

ATTORNEY APPEARANCE for defendant Joseph Favia by Manuel Sanchez, Peter Frank Zullo and Mark Edward Winters (fce) (Entered: 04/03/2000)

March 31, 2000

March 31, 2000

PACER
10

ATTORNEY APPEARANCE for plaintiffs by Steven C. Rueckert (fce) (Entered: 04/03/2000)

March 31, 2000

March 31, 2000

PACER
11

THIRD AMENDED COMPLAINT [7-1] by plaintiff; adding Jose Pineda (fce) (Entered: 04/06/2000)

April 5, 2000

April 5, 2000

PACER
12

NOTICE by defendant Mt Prospect, Vlg of change of address (fce) (Entered: 04/28/2000)

April 27, 2000

April 27, 2000

PACER
13

ATTORNEY APPEARANCE for Frank Raus by Manuel Sanchez, Mark E. Winters and Peter F. Zullo (fce) (Entered: 05/09/2000)

May 5, 2000

May 5, 2000

PACER
14

ATTORNEY APPEARANCE for defendant Officer Timothy Janowick by Frank B. Garrett, Laura Lee Scarry; Notice. (maf) Modified on 06/06/2000 (Entered: 06/06/2000)

June 5, 2000

June 5, 2000

PACER
17

MOTION by defendant Timothy Janowick for leave to file memorandum in excess of fifteen pages, instanter (Attachment). (srb) (Entered: 06/23/2000)

June 5, 2000

June 5, 2000

PACER
18

AMENDED NOTICE of motion by defendant Timothy Janowick regarding motion for leave to file memorandum in excess of fifteen pages, instanter. (srb) (Entered: 06/23/2000)

June 5, 2000

June 5, 2000

PACER
19

MOTION by defendants Vlg of Mt Prospect and Mt Prospect PD to dismiss count II of the third amended complaint, The Title VI claim ; Memorandum in support; Notice. (srb) (Entered: 06/23/2000)

June 6, 2000

June 6, 2000

PACER
23

MOTION by defendants Officers Joseph Favia, Frank Raus to dismiss plaintiff's third amended complaint pursuant to federal rule of civil procedure 12 (b)(6) ; Memorandum in support. (maf) (Entered: 06/28/2000)

June 6, 2000

June 6, 2000

PACER
15

ANSWER by defendant Vlg of Mt Prospect to plaintiffs' third amended class action complaint [11-1]; Notice. (maf) Modified on 06/09/2000 (Entered: 06/09/2000)

June 8, 2000

June 8, 2000

PACER
16

MEMORANDUM of law by defendant Timothy Janowick in support of his motion to dismiss; Notice (rmm) (Entered: 06/15/2000)

June 13, 2000

June 13, 2000

PACER
20

MINUTE ORDER of 6/13/00 by Hon. James B. Zagel: Defendants' motion for leave to file memorandum in excess of fifteen pages, instanter is granted [17-1]. Telephoned notice (srb) (Entered: 06/23/2000)

June 13, 2000

June 13, 2000

PACER
24

MOTION by defendant Timothy Janowick to dismiss each and every claim against him in plaintiffs' third amended class action complaint ; Notice (fce) (Entered: 06/29/2000)

June 13, 2000

June 13, 2000

PACER
21

MINUTE ORDER of 6/15/00 by Hon. James B. Zagel: Answer brief to defendants' Village and Police Department's motion to dismiss count II [19-1] due 8/8/00. Reply to answer brief due 8/29/00. Mailed notice. (srb) (Entered: 06/23/2000)

June 15, 2000

June 15, 2000

PACER
22

ANSWER by defendant Ronald Pavlock to plantiffs' third amended class action complaint [11-1]; Notice of filing. (jmp) (Entered: 06/27/2000)

June 22, 2000

June 22, 2000

PACER
25

MINUTE ORDER of 6/27/00 by Hon. James B. Zagel : Answer brief to defendant Janowick's motion to dismiss each and every claim against him in plaintiffs' third amended class action complaint [24-1] is due 8/8/00. Reply to answer brief due 8/29/00. Status hearing set to 10:00 a.m. on 9/19/00. Motion to dismiss count II of the third amended complaint, The Title VI claim [19-1] answer due 8/8/00. Reply due 8/29/00. Mailed notice (fce) (Entered: 06/29/2000)

June 27, 2000

June 27, 2000

PACER
26

NOTICE by Mt Prospect, Vlg of change of firm name. (tlm) (Entered: 08/01/2000)

July 26, 2000

July 26, 2000

PACER
27

RESPONSE by plaintiffs in opposition to defendant Timothy Janowick's motion to dismiss [24-1]. (kef) Modified on 08/09/2000 (Entered: 08/09/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
28

MOTION by plaintiffs for leave to memorandum of law in opposition to defendant Timothy Janowick's motion to dismiss in excess of fifteen pages . (kef) (Entered: 08/09/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
29

MEMORANDUM of law by plaintiffs in opposition to defendant Timothy Janowick's motion to dismiss [24-1]. (kef) Modified on 08/09/2000 (Entered: 08/09/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
30

RESPONSE by plaintiffs in opposition to defendants Joseph Favia and Frank Raus' motion to dismiss [23-1]. (kef) Modified on 08/09/2000 (Entered: 08/09/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
31

MOTION by plaintiffs for leave to file memorandum of law in opposition to defendants Frank Raus' and Joseph Favias' motion to dismiss in excess of fifteen pages . (kef) (Entered: 08/09/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
32

MEMORANDUM of law by plaintiffs in opposition to defendants Joseph Favia and Frank Raus' motion to dismiss [23-1]. (kef) Modified on 08/09/2000 (Entered: 08/09/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
33

RESPONSE by plaintiffs in opposition to defendant Village of Mount Prospect's motion to dismiss count II [19-1]. (kef) (Entered: 08/09/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
34

MEMORANDUM of law by plaintiffs in opposition to defendant Village of Mount Prospect's motion to dismiss count II [19-1]. (kef) (Entered: 08/09/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
35

REPLY by defendant Timothy Janowick to plaintiffs' response to defendant's motion to dismiss [24-1]; Notice (yap) (Entered: 08/30/2000)

Aug. 29, 2000

Aug. 29, 2000

PACER
36

REPLY by defendants Joseph Favia and Frank Raus in support of their motion to dismiss plaintiffs' third amended class action complaint pursuant to federal rule of civil procedure 12 (b)(6); Notice (yap) (Entered: 08/31/2000)

Aug. 29, 2000

Aug. 29, 2000

PACER
37

REPLY memorandum by defendants Mt Prospect, Vlg, and Mt Prospect PD in support of their motion to dismiss count II [19-1] (yap) (Entered: 09/11/2000)

Sept. 11, 2000

Sept. 11, 2000

PACER

SCHEDULE set on 9/13/00 by Hon. James B. Zagel : Status hearing stricken. Ruling on pending motion to be made by mail. Mailed notice (drw)

Sept. 13, 2000

Sept. 13, 2000

PACER
38

MINUTE ORDER of 10/23/00 by Hon. James B. Zagel : Motions to dismiss count II of the third amended complaint [19-1], to dismiss plaintiff's third amended complaint pursuant to federal of civil procedure 12 (b)(6) [23-1], and to dismiss each and every claim against him in plaintiffs' third amended class action complaint is granted/denied in part [24-1]. The conspiracy claims are dismissed without prejudice. Motion for leave to memorandum of law in opposition to defendant Timothy Janowick's motion to dismiss in excess of fifteen pages [28-1] and motion for leave to file memorandum of law in opposition to defendants Frank Raus' and Joseph Favias' motion to dismiss in excess of fifteen pages are granted [31-1]. (Entered Memorandum Opinion and Order.) Mailed notice. (las) (Entered: 10/25/2000)

Oct. 23, 2000

Oct. 23, 2000

PACER
39

MOTION by the Village of Mount Prospect to compel plaintiffs to respond to their discovery requests (Attachment); Notice (ar) (Entered: 12/13/2000)

Nov. 29, 2000

Nov. 29, 2000

PACER
40

MINUTE ORDER of 12/5/00 by Hon. James B. Zagel : Defendant Village of Mount Prospect's motion to compel plaintiffs to respond to their discovery requests [39-1], granted with conditions as stated in open court. No notice (ar) (Entered: 12/13/2000)

Dec. 5, 2000

Dec. 5, 2000

PACER
41

AGREED MOTION by defendant Mt Prospect, Vlg to vacate order granting defendant Village of Mount Prospect's motion to compel ; Notice (yap) (Entered: 12/26/2000)

Dec. 6, 2000

Dec. 6, 2000

PACER
42

MINUTE ORDER of 12/12/00 by Hon. James B. Zagel: Defendant's agreed motion to vacate order granting defendant Village of Mount Prospect's motion to compel [41-1] is granted. The minute order or 12/5/00 granting motion to compel is vacated [40-1]. Reinstating motion to compel plaintiffs to respond to their discovery requests [39-1]. No notice (yap) (Entered: 12/26/2000)

Dec. 12, 2000

Dec. 12, 2000

PACER

SCHEDULE set on 1/19/01 by Hon. James B. Zagel : Status hearing set to 10:00 2/15/01 . Mailed notice (drw)

Jan. 19, 2001

Jan. 19, 2001

PACER

SCHEDULE set on 1/23/01 by Hon. James B. Zagel : Status hearing 2/15/01 reset to 10:00 3/12/01 . Mailed notice (drw)

Jan. 23, 2001

Jan. 23, 2001

PACER

SCHEDULE set on 2/6/01 by Hon. James B. Zagel : Status hearing reset to 10:00 3/27/01 . Mailed notice (drw)

Feb. 6, 2001

Feb. 6, 2001

PACER

SCHEDULE set on 3/27/01 by Hon. James B. Zagel : Status hearing held and continued to 10:00 5/10/01 . No notice (drw)

March 27, 2001

March 27, 2001

PACER

SCHEDULE set on 4/4/01 by Hon. James B. Zagel : Status hearing reset to 12:30 5/10/01 . No notice (drw)

April 4, 2001

April 4, 2001

PACER
43

MINUTE ORDER of 5/8/01 by Hon. James B. Zagel: An insurance representative is directed to be present for the settlement conference now set before this court on 5/10/01 at 12:30 p.m. Telephoned notices (yap) (Entered: 05/09/2001)

May 8, 2001

May 8, 2001

PACER

SCHEDULE set on 5/10/01 by Hon. James B. Zagel : Status hearing held. No notice (drw)

May 10, 2001

May 10, 2001

PACER
45

MOTION by defendant Timothy Janowick to substitute attorneys Steven R. Miller and Laura L. Scarry ; Notice (yap) (Entered: 06/20/2001)

June 12, 2001

June 12, 2001

PACER
46

SUBSTITUTION of attorneys by defendant Timothy Janowick (yap) (Entered: 06/20/2001)

June 12, 2001

June 12, 2001

PACER
44

ATTORNEY APPEARANCE for defendant Timothy Janowick by Stephen Richard Miller, Jason M. Sax and Laura L. Scarry; Notice (yap) (Entered: 06/19/2001)

June 19, 2001

June 19, 2001

PACER
47

MINUTE ORDER of 6/19/01 by Hon. James B. Zagel: Defendant, Officer Timothy Janowick's motion to substitute attorneys Steven R. Miller and Laura L. Scarry [45-1] is granted. The appearance of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd and its attorneys is withdrawn. Mailed notice (yap) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

PACER
48

NOTICE by defendant Mt Prospect, Vlg's counsel of change of firm name (yap) (Entered: 08/13/2001)

Aug. 13, 2001

Aug. 13, 2001

PACER
49

MINUTE ORDER of 8/27/01 by Hon. James B. Zagel: Motion to compel plaintiffs to respond to their discovery requests [39-1] is denied as moot, as per the parties' agreement [41-1]. Mailed notice (yap) (Entered: 08/28/2001)

Aug. 27, 2001

Aug. 27, 2001

PACER
50

MOTION by defendant Timothy Janowick to compel written discovery responses (Attachments); Notice (yap) (Entered: 10/03/2001)

Sept. 24, 2001

Sept. 24, 2001

PACER
51

MINUTE ORDER of 10/2/01 by Hon. James B. Zagel: Defendant Janowick's motion to compel written discovery responses [50-1] is granted. Discovery compliance deadline 10/23/01. Mailed notice (yap) (Entered: 10/03/2001)

Oct. 2, 2001

Oct. 2, 2001

PACER

SCHEDULE set on 1/11/02 by Hon. James B. Zagel : Status hearing set to 10:00 3/14/02 . Mailed notice (drw)

Jan. 11, 2002

Jan. 11, 2002

PACER

SCHEDULE set on 3/14/02 by Hon. James B. Zagel : Status hearing held and continued to 10:00 5/16/02 . No notice (drw)

March 14, 2002

March 14, 2002

PACER

SCHEDULE set on 5/16/02 by Hon. James B. Zagel : Status hearing held and continued to 10:00 7/11/02 . No notice (drw)

May 16, 2002

May 16, 2002

PACER

SCHEDULE set on 7/10/02 by Hon. James B. Zagel : Status hearing 7/11/02 is reset to 10:00 8/6/02 . Mailed notice (drw)

July 10, 2002

July 10, 2002

PACER
52

NOTICE by plaintiffs Hiram Romero and Jose Pineda's counsel of change of address (yap) (Entered: 07/26/2002)

July 26, 2002

July 26, 2002

PACER

SCHEDULE set on 8/6/02 by Hon. James B. Zagel : Status hearing held and continued to 10:00 10/9/02 . No notice (drw)

Aug. 6, 2002

Aug. 6, 2002

PACER

SCHEDULE set on 10/8/02 by Hon. James B. Zagel : Status hearing 10/9/02 is reset to 10:00 10/30/02 . Telephone notice (drw)

Oct. 8, 2002

Oct. 8, 2002

PACER

SCHEDULE set on 10/30/02 by Hon. James B. Zagel : Status hearing held and continued to 10:00 11/13/02 . No notice (drw)

Oct. 30, 2002

Oct. 30, 2002

PACER
53

STIPULATED MOTION by plaintiff for voluntary dismissal of plaintiffs' complaint against defendants' Ronald Pavlock, Timothy Janowick, Joseph Favia and Frank Raus ; Notice. (hmb) (Entered: 11/07/2002)

Nov. 6, 2002

Nov. 6, 2002

PACER
54

JOINT MOTION by the parties for preliminary approval, and for certification of class for settlement purposes (Attachments); Notice (cdy) (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

RECAP
55

MINUTE ORDER of 11/13/02 by Hon. James B. Zagel : Status hearing held. Motion for voluntary dismissal of plaintiffs' complaint against defendants' Ronald Pavlock, Timothy Janowick, Joseph Favia and Frank Raus [53-1] is granted. Said defendants are dismissed. Motion for class certification for purposes of settlement is granted. Motion for preliminary approval of class action settlement [54-1] is granted. Hearing on final approval of settlement is set for 2/11/03 at 12:00 p.m. noon [54-2]. terminating defendants Ronald Pavlock, Timothy Janowick, Joseph Favia and Frank Raus Mailed notice (yap) (Entered: 11/18/2002)

Nov. 13, 2002

Nov. 13, 2002

PACER
56

MINUTE ORDER of 11/14/02 by Hon. James B. Zagel: Enter scheduling order for final approval of settlement. (Entered Order Regarding Notice Schedule). Mailed notice (yap) (Entered: 11/18/2002)

Nov. 14, 2002

Nov. 14, 2002

PACER
57

AFFIDAVIT of compliance with settlement agreement of Kimberly D. Fahrbach; Notice (ar) (Entered: 12/23/2002)

Dec. 10, 2002

Dec. 10, 2002

RECAP
58

MINUTE ORDER of 2/11/03 by Hon. James B. Zagel: Motion (54-1) for approval of settlement hearing held. Motion is granted [54-1 terminating case . Enter final order and judgment approving class action settlement. (Entered Final Order and Judgment.) Mailed notice (air) (Entered: 02/20/2003)

Feb. 11, 2003

Feb. 11, 2003

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Policing

Key Dates

Filing Date: Feb. 11, 2000

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Hispanic motorists

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Village of Mount Prospect (Cook), City

Mount Prospect Police Department (Mount Prospect, Cook), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Racial profiling

Discrimination-basis:

National origin discrimination

Race discrimination

National Origin/Ethnicity:

Hispanic