Case: Money v. Pritzker

1:20-cv-02093 | U.S. District Court for the Northern District of Illinois

Filed Date: April 2, 2020

Closed Date: July 1, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action brought on behalf of prisoners in the Illinois Department of Corrections seeking various types of relief in light of COVID-19. The plaintiffs alleged that as people in groups who are particularly vulnerable to the virus, they were exposed to a heightened risk of COVID-19. On April 10, the judge denied the plaintiffs' request for a temporary restraining order and a preliminary injunction. The plaintiffs filed an amended complaint on May 20. The parties re…

COVID-19 Summary: This is a class action brought on behalf of prisoners in the Illinois Department of Corrections seeking various types of relief in light of COVID-19. The plaintiffs alleged that as people in groups who are particularly vulnerable to the virus, they were exposed to a heightened risk of COVID-19. On April 10, the judge denied the plaintiffs' request for a temporary restraining order and a preliminary injunction. The plaintiffs filed an amended complaint on May 20. The parties reached a settlement in March 2021, and the case was dismissed with prejudice on April 5, 2021.


On April 2, 2020, a group of prisoners filed this class action lawsuit against the Governor of Illinois and the Illinois Department of Corrections in the U.S. District Court for the Northern District of Illinois. Represented by the Uptown People's Law Center, Equip for Equality, the MacArthur Justice Center at Northwestern University, the Illinois Prison Project, and Loevy & Loevy, the plaintiffs sued under 42 U.S.C. § 1983 for violations of their Eighth Amendment and Fourteenth Amendment rights, and for violations of the the Americans with Disabilities Act ("ADA") (42 U.S.C. §§ 12111 et seq.). The plaintiffs requested that a special master be appointed to assess eligibility for release for six different subclasses of prisoners, including groups individuals who were medically vulnerable due to age or underlying conditions or soon to be eligible for release.

The same plaintiffs filed a similar case for habeas relief. For more details, see here in the Clearinghouse.

The case was assigned to Judge Steven Seeger, but Judge Robert M. Dow, Jr. was assigned as an emergency judge.

Immediately, the plaintiffs filed a motion to certify the class and an emergency motion for a temporary restraining order or a preliminary injunction which asked the court to preliminarily certify the putative subclasses concerning the medically vulnerable prisoners and to order the defendants to transfer members of both those subclasses to their homes to self isolate.

The parties submitted briefing on April 6 specifically addressing how the Prison Litigation Reform Act ("PLRA") applied to the relief sought for the medically vulnerable subclasses. The plaintiffs argued that the relief sought met the PLRA requirements of being narrowly drawn, extending no further than necessary to correct the violation of their rights, and was the least intrusive means. Conversely, the defendants argued that the court should not provisionally certify the medically vulnerable subclasses because the plaintiffs had not exhausted their administrative remedies as required by the PLRA, they were unlikely to succeed on the merits of their Eighth Amendment and ADA claims, and they had not demonstrated more than a possibility of harm.

On April 10, Judge Dow released an order denying the plaintiffs' motion for a temporary restraining order or preliminary injunction. He concluded that the PLRA barred the court from granting the temporary restraining order, finding that the plaintiff's request amounted to a prisoner release order under the terms of the PLRA. The PLRA required a previous court order that the defendants' failed to comply with, the release order must be issued by a three-judge court, and the preliminary injunctive relief must be narrowly drawn. The court held that the plaintiff's request for a temporary restraining order or preliminary injunction did not meet these requirements. The court also denied the preliminary class certification for the medically vulnerable subclasses because the commonality requirement for class certification could not be met.

On April 29, the defendants filed a motion to dismiss which argued that the plaintiffs had failed to plead a plausible claim on the merits. The plaintiffs filed an amended complaint on May 20 and as a result, the court denied the defendants' motion to dismiss as moot. The amended complaint demanded that prisoners most vulnerable to COVID-19 be provided access to lifesaving protective measures, and in some instances, transferred to home detention.

The parties submitted a joint status report on February 19, 2021, and on March 5, 2021. The latter informed the court that the parties had reached a settlement.

The settlement agreement included the following terms: Defendant agreed to continue to identify and evaluate medically vulnerable prisoners for release through legally available mechanisms. And, for people in custody within nine months of their release date and who are statutorily eligible for earned discretionary sentencing credit (EDSC), defendant agreed to award 60 days of EDSC to those with a low-risk level and 30 days of EDSC credit to those with a medium risk level. Defendant further agreed to provide expedited reviews for the named plaintiffs in this case who are statutorily eligible for release mechanisms and training to the Assistant Wardens of Operations and Programs, Health Care Unit Administrators, and ADA Coordinators at all facilities on the Americans with Disabilities Act and on providing COVID-19 related reasonable accommodations to medically vulnerable people with disabilities. The settlement stipulated that unless extended by the parties, this agreement would terminate on July 1, 2021, and the defendants will pay the plaintiffs’ attorneys’ fees. Plaintiffs agreed to release defendant from all injunctive claims that accrued prior to March 12, 2021.

On March 23, 2021, the plaintiffs filed a notice of voluntary dismissal, which the court granted on April 5, 2021, dismissing the case without prejudice. Per the settlement terms, the dismissal automatically converted to a dismissal with prejudice on July 1, 2021, since neither party sought or obtained relief from the Court by that time.

Summary Authors

Caitlin Kierum (5/9/2020)

Chandler Hart-McGonigle (11/21/2020)

Tessa McEvoy (9/11/2021)

Related Cases

Money v. Jeffreys, Northern District of Illinois (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17036815/parties/richard-v-pritzker/


Judge(s)

Dow, Robert Michael Jr. (Illinois)

Seeger, Steven Charles None (Illinois)

Attorneys(s) for Plaintiff

Antholt, Amanda C. (Illinois)

Bedi, Sheila A. (Illinois)

del Valle, Vanessa (Illinois)

Grady, Sarah (Illinois)

Mazur, Elizabeth N (Illinois)

Mills, Alan S. (Illinois)

Reed, Samantha (Illinois)

Schult, Nicole (Illinois)

Judge(s)

Dow, Robert Michael Jr. (Illinois)

Seeger, Steven Charles None (Illinois)

Attorneys(s) for Plaintiff

Antholt, Amanda C. (Illinois)

Bedi, Sheila A. (Illinois)

del Valle, Vanessa (Illinois)

Grady, Sarah (Illinois)

Mazur, Elizabeth N (Illinois)

Mills, Alan S. (Illinois)

Reed, Samantha (Illinois)

Schult, Nicole (Illinois)

Shapiro, Carolyn E. (Illinois)

Soble, Jennifer (Illinois)

Weil, Steve (Illinois)

Attorneys(s) for Defendant

Raoul, Kwame (Illinois)

Rees, R. Douglas (Illinois)

Shannon, Colleen Marie (Illinois)

Staley, Nicholas Scott (Illinois)

Other Attorney(s)

Bishop-Jenkins, Jennifer (Illinois)

McQuaid, Matthew John (Illinois)

Documents in the Clearinghouse

Document

1:20-cv-02093

Docket [PACER]

Richard v. Pritzker

July 12, 2021

July 12, 2021

Docket
8

1:20-cv-02093

Plaintiffs' Motion and Memorandum in Support of Class Certification

April 2, 2020

April 2, 2020

Pleading / Motion / Brief
9

1:20-cv-02093

Plaintiffs' Emergency Motion for a Temporary Restraining Order or Preliminary Injunction

April 2, 2020

April 2, 2020

Pleading / Motion / Brief
1-2

1:20-cv-02093

Class Action Complaint

April 2, 2020

April 2, 2020

Complaint
26

1:20-cv-02093

Defendants' Opposition to Plaintiffs' Emergency Motion for a Temporary Restraining Order or Preliminary Injunction

April 6, 2020

April 6, 2020

Pleading / Motion / Brief
24

1:20-cv-02093

Plaintiffs' Submission on the Applicability and Effect of 18 U.S.C. § 3626

April 6, 2020

April 6, 2020

Pleading / Motion / Brief
24

1:20-cv-02093

Plaintiffs' Submission on the Applicability and Effect of 18 U.S.C. § 3626

April 6, 2020

April 6, 2020

Pleading / Motion / Brief
28

1:20-cv-02093

Plaintiffs' Reply in Support of Their Emergency Motion for a Temporary Restraining Order or Preliminary Injunction

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
38

1:20-cv-02093

Memorandum Opinion and Order

453 F.Supp.3d 1103, 2020 WL 1820660

April 10, 2020

April 10, 2020

Order/Opinion
45

1:20-cv-02093

Defendants' Memorandum in Support of Motion to Dismiss with Prejudice

April 29, 2020

April 29, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17036815/richard-v-pritzker/

Last updated May 30, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Danny Labosette, Gerald Reed, Carl Reed, Patrice Daniels, William Richard, Carl "Tay Tay" Tate, Amber Watters, James Money, Anthony Rodesky, Tewkunzi Green; Filing fee $ 400, receipt number 0752-16904711. (Attachments: # 1 Civil Cover Sheet)(Del Valle, Vanessa) (Entered: 04/02/2020)

1 Civil Cover Sheet

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April 2, 2020

April 2, 2020

RECAP

case assigned

April 2, 2020

April 2, 2020

PACER
2

EXHIBIT by Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters regarding complaint, 1 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Del Valle, Vanessa) (Entered: 04/02/2020)

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April 2, 2020

April 2, 2020

PACER

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ec, )

April 2, 2020

April 2, 2020

PACER
3

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Sarah Copeland Grady (Grady, Sarah) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
4

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Jennifer Soble (Soble, Jennifer) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
5

MOTION by Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters for leave to file excess pages in support of their requests for an emergency temporary restraining order and for class certification (Grady, Sarah) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
6

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Sheila A Bedi (Bedi, Sheila) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
7

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Vanessa Del Valle (Del Valle, Vanessa) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
8

MOTION by Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters to certify class Responses due by 4/20/2020 (Attachments: # 1 Exhibit)(Bedi, Sheila) (Entered: 04/02/2020)

1 Exhibit

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April 2, 2020

April 2, 2020

PACER
9

MOTION by Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters for temporary restraining order, MOTION by Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters for preliminary injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Grady, Sarah) (Entered: 04/02/2020)

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11 Exhibit 11

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April 2, 2020

April 2, 2020

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10

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Amanda C Antholt (Antholt, Amanda) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
11

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Samantha Reed (Reed, Samantha) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
12

MOTION by Plaintiff James Money to expedite hearing on motion for TRO and/or preliminary injunction (Reed, Samantha) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

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13

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Elizabeth N. Mazur (Mazur, Elizabeth) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
14

MINUTE entry: This order is entered by Judge Dow as the designated emergency judge and will also be entered on the regular docket in (1) Money, et al. v. Pritzker, et al., No. 20cv2093, assigned to Judge Seeger, and (2) Money, et al. v. Jeffreys, et al., No. 20cv2094, assigned to Judge Kness, and pertains only to the emergency motions filed on the docket in the special docket, In re: Emergency Motions During Coronavirus COVID-19 Public Emergency, No. 20cv1792. All other motions will be handled by the assigned judges in due course. Plaintiffs' emergency motion for TRO or preliminary injunction in Case No. 20cv2093 91 is taken under advisement. Plaintiffs' request for expedited treatment in Case No. 20cv2093 92 and Petitioners' request for expedited treatment in Case No. 20cv2094 93 are granted. Expedited briefing is ordered as follows: Defendants' brief is due on 4/6/2020 by 5pm; Plaintiffs' reply is due on 4/8/2020 by 5pm. In their response brief, Defendants may address any issues they would like relating to the requests for relief under Section 1983 and habeas, but are requested to give special attention to explaining exactly what measures, if any, are currently being taken in Illinois "to protect people in prisons from the impending spread of COVID-19 by releasing people in an effort to reduce populations" [See 91, at 33; see also id. at 33-39 (describing efforts by state and county governments to reduce prison population, particularly for those who are more vulnerable, close to completing their sentences and/or whose release is deemed to be less dangerous to the community)]. In their reply, Plaintiffs may address any issues they would like, but are requested to give special attention to the citation of any authority or precedent for a federal court order directing state officials to release large numbers of incarcerated individuals. [See 91, at 59-60 (citing Thaker, et al. v. Doll, et al., No. 20 C 0480, Dkt. 47 (M.D. Pa. Mar. 31, 2020), and indicating that in that case the court "granted a temporary restraining order requiring the immediate release of 11 prisoners in federal custody who suffer from chronic medical conditions and face a serious threat of injury or death if exposed to COVID-19")]. After reviewing the briefs, the Court will either issue a ruling by mail or set the matter for telephonic hearing. If a telephonic hearing will be held, it likely would take place on 4/10/2020 at 10:00 a.m. and the Court would provide the call-in information. All additional filings on this motion must be made in the emergency docket, No. 20-cv-1792, and in the underlying dockets as well. Mailed notice (cdh, ) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
15

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Nicole Rae Schult (Schult, Nicole) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
16

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Alan S. Mills (Mills, Alan) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
17

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. (pk, ) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
18

MINUTE entry before the Honorable Robert M. Dow, Jr: Upon further review of the materials filed to date in Case Nos. 20-cv-2093 and 20-cv-2094, it appears that in their request for immediate relief, Plaintiffs ask the Court to "preliminarily certify Plaintiffs' proposed subclasses 1 and 2, and order Defendants to transfer [certain] individuals to their homes to self-isolate via a temporary medical furlough." [91, at 70-71.] The Court draws to counsel's attention the provisions of the Prison Litigation Reform Act, which (among other things) restrict the circumstances in which a court may enter an order "that has the purpose or effect of reducing or limiting the prison population." 18 U.S.C. ยง 3626(g)(4); see also Brown v. Plata, 563 U.S. 493 (2011). The Court requests that in their briefs the parties give careful attention to whether the PLRA applies to these cases.Mailed notice (cdh, ) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
19

ATTORNEY Appearance for Defendants Rob Jeffreys, J.B. Pritzker by R. Douglas Rees (Rees, R.) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
20

ATTORNEY Appearance for Defendants Rob Jeffreys, J.B. Pritzker by Nicholas Scott Staley (Staley, Nicholas) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
21

ATTORNEY Appearance for Defendants Rob Jeffreys, J.B. Pritzker by Colleen Marie Shannon (Shannon, Colleen) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
30

MOTION by Intervenor Jennifer Bishop-Jenkins to intervene individually and on behalf of a class of similarly situated victims of violent crimes. (pk, ) (Entered: 04/09/2020)

April 3, 2020

April 3, 2020

PACER
31

MEMORANDUM of law in support of defendant-intervenor by Jennifer Bishop-Jenkins motion by Intervenor Jennifer Bishop-Jenkins to intervene individually and on behalf of a class of similarly situated victims of violent crimes.(pk, ) (Entered: 04/09/2020)

April 3, 2020

April 3, 2020

PACER
22

MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is before Judge Dow as emergency judge. Consistent with the order entered by Judge Kennelly in Case No. 20-cv-2134, the Court enters the following supplemental briefing order in Case Nos. 20-cv-2093 & 20-cv-2094: By 12:00 p.m. on 4/6/2020, Plaintiffs are directed to supplement their TRO/PI motion to provide their position regarding the applicability and effect of 18 U.S.C. ยง 3626 to each lawsuit and, in particular, to the relief they are requesting in the TRO/PI motion. Mailed notice (cdh, ) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
23

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Stephen H. Weil (Weil, Stephen) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
24

SUPPLEMENT to motion for temporary restraining order,,, motion for preliminary injunction,, 9 Submission Regarding Applicability and Effect of 18 U.S.C. 3626 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mazur, Elizabeth) (Entered: 04/06/2020)

1 Exhibit A

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3 Exhibit C

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April 6, 2020

April 6, 2020

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25

MOTION by Defendants Rob Jeffreys, J.B. Pritzker for leave to file excess pages (Staley, Nicholas) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
26

RESPONSE by Rob Jeffreys, J.B. Pritzkerin Opposition to MOTION by Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters for temporary restraining order MOTION by Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters for preliminary injunction 9 (Rees, R.) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

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27

MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed motion for leave to file excess pages [25 in Docket No. 20-cv-2093] is granted. Plaintiffs are also given leave to file an oversized reply brief on 4/8/2020. Mailed notice (cdh, ) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
28

REPLY by Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters to motion for temporary restraining order,,, motion for preliminary injunction,, 9 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mazur, Elizabeth) (Entered: 04/08/2020)

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April 8, 2020

April 8, 2020

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29

MINUTE entry before the Honorable Robert M. Dow, Jr: This minute entry is issued by Judge Dow as designated emergency judge in Case Nos. 20-cv-2093 and 20-cv-2094. In view of the comprehensive briefs and supporting materials and the need for expedited ruling, the Court has determined that a telephonic hearing will not be necessary and will issue a written ruling as soon as possible. The Court appreciates the extraordinary effort of counsel to provide high quality briefs on a highly compressed schedule. The Court notes Plaintiffs' offer to call as witnesses the individuals who submitted the declarations attached to the reply brief. [See docket entry 28 in Case No. 20-cv-2093, at 45.]. That will not be necessary, as the Court will accept as true for purposes of this hearing their representations in the declarations. Nor will it be necessary to make arrangements for the named Plaintiffs/Petitioners to either appear by phone or file their own declarations, as the Court also will accept as true for present purposes the accuracy of counsels' representations about the medical conditions of the named Plaintiffs/Petitioners. In order to ensure that the Court has accurate information on an admittedly moving target, the Court directs counsel for Defendants to submit by 5:00 pm today and by 2:00 p.m. on each subsequent day until a ruling is issued an update on (1) how many inmates have been released through each available vehicle and the total reduction in IDOC population since March 2 [see docket entry 26 in Case No. 20-cv-2093, at 3-4 and docket entry 28 in Case No. 20-cv-2093, at 7 & n.1] and (2) how many incarcerated individuals have confirmed cases of COVID-19 at (a) each institution where the named Plaintiffs are housed and (b) across the entire IDOC system. If the Court is unable to issue a decision by the close of business tomorrow, it does have the capability to issue a decision on the docket electronically over the weekend and will do so. Mailed notice (cdh, ) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
32

MOTION by Defendants Rob Jeffreys, J.B. Pritzker for leave to file Sur-Reply Instanter (Shannon, Colleen) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
33

Defendants' Report on IDOC Releases, Population Reduction, and COVID-19 Cases by Rob Jeffreys, J.B. Pritzker (Shannon, Colleen) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
34

SUR-REPLY by Defendants Rob Jeffreys, J.B. Pritzker in Opposition to Modified Request for Emergency Relief (Attachments: # 1 Exhibit Robinson Declaration, # 2 Exhibit Legislators' letter, # 3 Exhibit Sweat Declaration)(Rees, R.) (Entered: 04/09/2020)

1 Exhibit Robinson Declaration

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April 9, 2020

April 9, 2020

PACER
35

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Carolyn E. Shapiro (Shapiro, Carolyn) (Linked document has incorrect case number - Docket Text Modified by Clerk's Office) Modified on 4/13/2020 (pk, ). (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
36

Defendants' Report on IDOC Releases, Population Reduction, and COVID-19 Cases by Rob Jeffreys, J.B. Pritzker (Shannon, Colleen) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
37

MINUTE entry before the Honorable Steven C. Seeger: Defendants' Motion for Leave to File Sur-Reply Instanter (Dckt. No. 32 ) is granted. Mailed notice. (jjr, ) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
38

MEMORANDUM OPINION AND ORDER signed by the Honorable Robert M. Dow, Jr., as emergency judge, on 4/10/2020: For the reasons stated in the accompanying Memorandum Opinion and Order, Plaintiffs' motion for temporary restraining order and preliminary injunction in Money v. Pritzker, Case No. 20-cv-2093 9 is denied. Plaintiffs' motions for leave to file oversized brief 5 and for expedited treatment 12 in that same case are granted. Defendants' motion for leave to file sur-reply in that case 32 is granted. Petitioners' motion for expedited treatment in Money v. Jeffreys, Case No. 20-cv-2094 3 is granted, but the Court denies Petitioners' request for expedited release. The petition 1 remains open on the docket, subject to further action by the parties and the judges, both assigned and emergency, as explained in the Memorandum Opinion and Order. No further status hearings will be set at this time by the emergency judge. Mailed notice(cdh, ) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

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39

ORDER Second 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.(jjr, ) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
40

ATTORNEY Appearance for Intervenor Jennifer Bishop-Jenkins by Matthew John McQuaid (McQuaid, Matthew) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
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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. (docket9, ) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
41

WAIVER OF SERVICE returned executed by James Money. Rob Jeffreys waiver sent on 4/2/2020, answer due 6/1/2020. (Grady, Sarah) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
42

WAIVER OF SERVICE returned executed by James Money. J.B. Pritzker waiver sent on 4/2/2020, answer due 6/1/2020. (Grady, Sarah) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
44

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Rob Jeffreys, J.B. Pritzker (Staley, Nicholas) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
45

MEMORANDUM by Rob Jeffreys, J.B. Pritzker in support of Motion to Dismiss for Failure to State a Claim 44 (Staley, Nicholas) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
46

MOTION by Defendants Rob Jeffreys, J.B. Pritzker for leave to file excess pages (Staley, Nicholas) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
47

MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' response to the motion to dismiss (Dckt. No. 44 ) is due on May 29, 2020. The reply brief is due on June 12, 2020. Defendants' motion for excess pages (Dckt. No. 46 ) is granted. This Court grants Plaintiffs leave to file a response brief of up to 35 pages. Mailed notice. (jjr, ) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
48

FIRST AMENDED complaint by William Richard, Danny Labosette, Gerald Reed, Carl "Tay Tay" Tate, Tewkunzi Green, Adrian Torres, Anthony Buchanan, Lori Thompson, Willie Holloway, Andrew Hines, Lucious Rogers, Kimberly Dunteman, Shardon Gay, Lynwood Ellis, Carlton White, Antwan Freeman, Brittany Hall, Eric Valdez, Adam Grunin, Kimberly Carter, Danny Wicker, Tim Walton against All Defendants and terminating Carl Reed, Anthony Rodesky (on behalf of themselves and all similarly situated individuals), Amber Watters, Patrice Daniels and James Money (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Del Valle, Vanessa) (Entered: 05/20/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

View on PACER

4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

May 20, 2020

May 20, 2020

RECAP
49

MINUTE entry before the Honorable Steven C. Seeger: In light of the filing of the First Amended Complaint (Dckt. No. 48 ), the motion to dismiss (Dckt. No. 44 ) is denied as moot. Mailed notice. (jjr, ) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
50

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
51

MOTION by Defendants Rob Jeffreys, J.B. Pritzker for extension of time to file answer regarding amended complaint,, 48 (unopposed) (Rees, R.) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
52

MINUTE entry before the Honorable Steven C. Seeger: Defendants' Unopposed Motion to Extend Time to Answer or Otherwise Respond to Amended Complaint (Dckt. No. 51 ) is hereby granted. Defendants shall answer or otherwise respond to the amended complaint by June 24, 2020. Mailed notice. (jjr, ) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
53

MOTION by Attorney Elizabeth Mazur to withdraw as attorney for Anthony Buchanan, Kimberly Carter, Kimberly Dunteman, Lynwood Ellis, Antwan Freeman, Shardon Gay, Tewkunzi Green, Adam Grunin, Brittany Hall, Andrew Hines, Willie Holloway, Danny Labosette, Gerald Reed, William Richard, Lucious Rogers, Carl "Tay Tay" Tate, Lori Thompson, Adrian Torres, Eric Valdez, Tim Walton, Carlton White, Danny Wicker. No party information provided (Mazur, Elizabeth) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
54

MINUTE entry before the Honorable Steven C. Seeger: The Court grants the Motion for Leave to Withdraw Appearance of Counsel. (Dckt. No. 53 ) Attorney Elizabeth N. Mazur is terminated as counsel of record. Mailed notice. (jjr, ) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
55

STATUS Report Joint Status Report by Anthony Buchanan, Kimberly Carter, Kimberly Dunteman, Lynwood Ellis, Antwan Freeman, Shardon Gay, Tewkunzi Green, Adam Grunin, Brittany Hall, Andrew Hines, Willie Holloway, Danny Labosette, Gerald Reed, William Richard, Lucious Rogers, Carl "Tay Tay" Tate, Lori Thompson, Adrian Torres, Eric Valdez, Tim Walton, Carlton White, Danny Wicker (Bedi, Sheila) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
56

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the Joint Status Report and Motion to Set Dates (Dckt. No. 55 ). The parties reported that they are engaging in settlement negotiations, and that they want more time to continue those discussions. The Court adopts the proposed schedule. As requested, the Court grants Defendants until July 17, 2020 to answer or otherwise respond to the amended complaint. Plaintiffs reported that they may seek leave to file a second amended complaint (but they have not made that request yet). Rule 15 requires leave of court to file a second amended complaint. See Fed. R. Civ. P. 15(a)(1). The Court sua sponte grants Plaintiffs leave to file a second amended complaint by July 31, 2020. If Plaintiffs decide to file a second amended complaint in the coming weeks, they must promptly notify defense counsel to avoid potentially unnecessary work in responding to the first amended complaint. If a second amended complaint is in the pipeline, Plaintiffs must notify the Court so that it can vacate the current deadline for the answer or motion to dismiss. In the meantime, the Court encourages the parties to continue to engage in productive settlement negotiations. Mailed notice. (jjr, ) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
57

MOTION for emergency relief filed by Intervener Ramiro Alcantar. (lma, ) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
58

MOTION by Defendants Rob Jeffreys, J.B. Pritzker for protective order AGREED (Attachments: # 1 Exhibit A)(Staley, Nicholas) (Entered: 07/07/2020)

1 Exhibit A

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July 7, 2020

July 7, 2020

PACER
59

MINUTE entry before the Honorable Steven C. Seeger: The Court grants the Agreed Motion for Entry of a HIPAA Qualified Protective Order. (Dckt. No. 58 ) Order to follow. Mailed notice. (jjr, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
60

HIPAA QUALIFIED PROTECTIVE ORDER Signed by the Honorable Steven C. Seeger on 7/8/2020. Mailed notice. (jjr, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
61

MINUTE entry before the Honorable Steven C. Seeger: Ramiro Alcantar, a pro se inmate, filed a motion for emergency relief (Dckt. No. 57 ), and referred to himself as an "intervener." That description is not accurate. The Court has not granted Alcantar leave to intervene. Alcantar seeks release from custody due to the coronavirus pandemic. To the extent that Alcantar is a member of the putative class, his interests are covered by the named representatives of the putative class. Alcantar is also free to file his own action. The motion for emergency relief is denied. Mailed notice. (jjr, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
62

MOTION by Defendants Rob Jeffreys, J.B. Pritzker for protective order AGREED (Staley, Nicholas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
63

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. (Clerk9, Docket) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
64

MINUTE entry before the Honorable Steven C. Seeger: The Agreed Motion for Entry of an Agreed Confidentiality Order (Dckt. No. 62 ) is granted. Order to follow. Mailed notice. (jjr, ) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
65

AGREED CONFIDENTIALITY ORDER Signed by the Honorable Steven C. Seeger on 7/13/2020. Mailed notice. (jjr, ) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
66

LETTER from Jason Rumsey dated 7/1/2020. (Exhibit) (mc, ) (Entered: 07/14/2020)

July 13, 2020

July 13, 2020

PACER
67

MOTION by Defendants Rob Jeffreys, J.B. Pritzker to amend/correct (joint motion to amend schedule) (Rees, R.) (Entered: 07/18/2020)

July 18, 2020

July 18, 2020

PACER
68

MINUTE entry before the Honorable Steven C. Seeger: The Joint Motion to Amend Scheduling Order (Dckt. No. 67 ) is hereby granted. The parties are continuing to engage in productive settlement negotiations, and requested more time before filing additional pleadings. As requested, Plaintiffs shall inform Defendants by August 21, 2020 if they intend to file a second amended complaint. If Plaintiffs opt to stand on their current complaint, Defendants shall answer or otherwise respond by August 28, 2020. If Plaintiffs file a second amended complaint, the parties shall submit a proposed schedule within seven days. The Court extends the deadline to file a second amended complaint to August 31, 2020. Mailed notice. (jjr, ) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
69

MOTION by Attorney Samantha Reed to withdraw as attorney for Jennifer Bishop-Jenkins, Anthony Buchanan, Kimberly Carter, Patrice Daniels, Kimberly Dunteman, Lynwood Ellis, Antwan Freeman, Shardon Gay, Tewkunzi Green, Adam Grunin, Brittany Hall, Andrew Hines, Willie Holloway, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Lucious Rogers, Carl "Tay Tay" Tate, Lori Thompson, Adrian Torres, Eric Valdez, Tim Walton, Amber Watters, Carlton White, Danny Wicker. No party information provided (Reed, Samantha) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
70

MINUTE entry before the Honorable Steven C. Seeger: The Court grants the Motion for Leave to Withdraw Appearance of Counsel. (Dckt. No. 69 ) Attorney Samantha Reed is terminated as counsel of record. Mailed notice. (jjr, ) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
71

MOTION by Defendants Rob Jeffreys, J.B. Pritzker to amend/correct scheduling order (joint motion) (Rees, R.) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
72

MINUTE entry before the Honorable Steven C. Seeger: The Joint Motion to Amend Scheduling Order (Dckt. No. 71 ) is hereby granted. The Court adopts the proposed schedule. By September 25, 2020, Plaintiffs shall inform Defendants whether they will file a second amended complaint. If Plaintiffs opt to stand on the first amended complaint, Defendants must file an answer or motion to dismiss by October 2, 2020. If Plaintiffs elect to file a second amended complaint, the parties shall submit a proposed briefing schedule (if Defendants anticipate filing a motion to dismiss) within seven days of the filing of a second amended complaint. The Court extends the deadline to file a second amended complaint to September 30, 2020. Mailed notice. (jjr, ) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
73

MOTION by Defendants Rob Jeffreys, J.B. Pritzker to amend/correct scheduling order [agreed] (Rees, R.) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
74

MINUTE entry before the Honorable Steven C. Seeger: The Joint Motion to Amend Scheduling Order (Dckt. No. 73 ) is hereby granted. The parties are continuing "productive" settlement negotiations. The Court adopts the proposed schedule. By October 28, 2020, Plaintiffs must inform Defendants if they will file a second amended complaint. If Plaintiffs opt to stand on the first amended complaint, Defendants must respond by November 6, 2020. If Plaintiffs file a second amended complaint, then the parties must submit a proposed schedule within seven days. The Court extends the deadline to file a second amended complaint to October 30, 2020. Mailed notice. (jjr, ) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
75

MOTION by Defendants Rob Jeffreys, J.B. Pritzker to amend/correct Scheduling Order (JOINT) (Staley, Nicholas) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
76

MINUTE entry before the Honorable Steven C. Seeger: The joint motion to amend scheduling order (Dckt. No. 75 ) is hereby granted. Once again, the parties reported that they are having productive settlement discussions. The Court adopts the proposed schedule. By November 27, 2020, Plaintiffs must inform Defendants if they intend to file a second amended complaint. If not, then Defendants must respond to the first amended complaint by December 4, 2020. If so, then the parties must propose a schedule within seven days. The Court extends the deadline to file a second amended complaint to November 30, 2020. Mailed notice. (jjr, ) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
77

MOTION for stadus by Barry Johnson. (Exhibits) (ph, ) (Entered: 11/05/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
78

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed a handwritten "motion for status" filed by Barry Johnson, who is not a named party. He seems to request a civil cover sheet, and the accompanying form cites this case number and requests a status. The Court refers Johnson to the docket entry dated October 20, 2020, which explained that the parties are continuing to discuss settlement. The motion for status (Dckt. No. 77 ) is otherwise denied. Mailed notice. (jjr, ) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
79

MOTION by Plaintiff William Richard to intervene. (rc, ) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
80

MINUTE entry before the Honorable Steven C. Seeger: The motion to intervene filed by pro se litigant Jose Horta (Dckt. No. 79 ) is hereby denied. Horta is incarcerated by the IDOC at the Pontiac prison, and he alleges that he is at risk because of the pandemic. He seeks to intervene "as a putative class member." But the named plaintiffs brought claims on behalf of a putative class of IDOC inmates, so Horta's interests are already represented even if none of the named plaintiffs are incarcerated in Pontiac. Horta also seems to seek a reprieve, commutation, or pardon from Governor Pritzker. That decision rests with the Governor, not this Court. Mailed notice. (jjr, ) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
81

LETTER from Joe L. Jones dated 11/5/2020. (Envelope postmarked 11/6/2020) (ph, ) (Entered: 11/23/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
82

MOTION by Intervenor Malik Jones to intervene. (ph, ) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
83

MINUTE entry before the Honorable Steven C. Seeger: The motions to intervene (Dckt. Nos. 30, 82 ) are hereby denied without prejudice. Movant Bishop-Jenkins seeks to intervene on behalf of herself and other victims of violent crimes. Bishop-Jenkins filed her motion on an expedited basis shortly after the filing of the case. But eight months have passed since then, as the parties have continued to discuss settlement. There is no imminent need for intervention because settlement discussions are ongoing. So the motion for intervention is denied in the meantime. If and when Bishop-Jenkins believes that the need for intervention has become ripe, she may refile if she so chooses. Movant Jones is incarcerated at a facility run by the IDOC. The named plaintiffs brought claims on behalf of a putative class of IDOC inmates, so Jones's interest are already represented even if none of the named plaintiffs are incarcerated in Pontiac. Jones also seems to seek a reprieve, commutation or pardon from Governor Pritzker. That decision rests with the Governor, not this Court. Mailed notice. (jjr, ) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
84

MOTION for compassionate release by Abel Colin. (ph, ) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
85

MINUTE entry before the Honorable Steven C. Seeger: For the past few months, the Court has extended the schedule a number of times because the parties were engaged in productive settlement discussions. (Dckt. Nos. 52, 56, 68, 72, 74, 76 ) Most recently, on November 2, 2020, the Court directed Plaintiffs to inform Defendants by November 27, 2020 whether they intend to file a second amended complaint. If so, then the second amended complaint was due on November 30, 2020. If not, then Defendants' response to the first amended complaint was due on December 4, 2020. Since then, over two months have passed. But Plaintiffs did not file a second amended complaint, and Defendants did not respond to the first amended complaint. So, the state of affairs seems a bit up in the air. The parties must file a status report, provide an update, and propose a case calendar by February 19, 2021. Mailed notice. (jjr, ) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
86

MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion for class certification (Dckt. No. 8 ) is hereby denied without prejudice. Plaintiffs filed their motion on April 2, 2020, at the outset of the pandemic. Much has changed since then. In the intervening months, the parties have requested time to discuss settlement, and the Court granted those requests and encouraged settlement discussions. But one of the downsides of that approach is that the motion for class certification is now somewhat stale, and rests on a set of facts that is different than the state of the world today. The Court therefore denies the motion without prejudice. The parties presumably are continuing to discuss settlement. If need be, Plaintiffs could refile a motion for class certification at an appropriate time. Mailed notice. (jjr, ) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
87

STATUS Report (Joint) by Rob Jeffreys, J.B. Pritzker (Rees, R.) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
88

MINUTE entry before the Honorable Steven C. Seeger: The motion by Abel Colin for compassionate release (Dckt. No. 84 ) is hereby denied. Abel Colin is not a named party, but he purports to be a member of the not-yet-certified subclass. He is incarcerated by the IDOC in Pontiac. This lawsuit is about the conditions of facilities maintained by the IDOC. But this lawsuit is not a platform for any and all inmates incarcerated by the IDOC to seek compassionate release under 18 U.S.C. ยง 3582(c). So the motion is not properly before the Court. Mailed notice. (jjr, ) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
89

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the Joint Status Report (Dckt. No. 87 ), which stated that the parties have reached a settlement in principle. The parties expect to finalize their agreement in the next two weeks. As proposed, the parties shall file a status report by March 5, 2021, if they have not filed for dismissal in the meantime. Mailed notice. (jjr, ) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
90

STATUS Report JOINT by Rob Jeffreys, J.B. Pritzker (Staley, Nicholas) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
91

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint status report (Dckt. No. 90 ), which confirmed that the parties have agreed to settle. The parties are in the process of executing a settlement agreement. The parties must file a status report by March 24, 2021, if they have not filed a stipulation of dismissal in the meantime. Mailed notice. (jjr, ) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
92

NOTICE of Voluntary Dismissal by All Plaintiffs (Bedi, Sheila) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

RECAP
93

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the notice of voluntary dismissal (Dckt. No. 92 ), which is self-effectuating under Rule 41(a)(1)(A)(i). But in the last paragraph, Plaintiffs "move[d]" the Court for dismissal. Under Rule 41, a dismissal through a notice is different than a dismissal through a motion. Compare Fed. R. Civ. P. 41(a)(1)(A) (governing a dismissal "By the Plaintiff") with Fed. R. Civ. P. 41(a)(2) (governing a dismissal "By Court Order"). The Court will treat the filing as a motion for dismissal under Rule 41(a)(2), which is granted. Plaintiffs' claims are dismissed without prejudice. The dismissal shall automatically convert to a dismissal with prejudice unless a party seeks and obtains relief from the Court by July 1, 2021. Civil case terminated. Mailed notice. (jjr, ) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
94

REQUEST for compassionate release due to medical circumstances by Abel Colin (Exhibits) (exr, ) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
95

MINUTE entry before the Honorable Steven C. Seeger: Abel Colin filed a motion for compassionate release (Dckt. No. 94 ). The motion is denied without prejudice. As this Court previously explained months ago (Dckt. No. 88 ), Colin was not a named plaintiff in this case. He may have been a putative class member, but he was not a plaintiff. If Colin wants to request compassionate release, he must file a motion in the criminal case that imposed the sentence. Mailed notice. (jjr, ) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 2, 2020

Closing Date: July 1, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Putative Class: prisoners of the Illinois Department of Corrections.Subclasses 1 & 2: medically vulnerableSubclass 3: those over 55 who are eligible for home detentionSubclass 4: those currently in custody who are eligible for home detentionSubclass 5: those with less than 90 days remaining who are eligible for home detentionSubclass 6: those scheduled to be released within 180 days who are eligible to receive sentencing credit

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

NDRN/Protection & Advocacy Organizations

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of Illinois (Springfield, Sangamon), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

COVID-19:

Attorneys fees or sanctions ordered

Mitigation Granted

Mitigation Requested

Population-Medically vulnerable

Release Denied

Release-process created/modified

Release Requested

Type of Facility:

Government-run