Case: Dobbey v. Weilding

1:13-cv-01068 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 8, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: The plaintiffs, a class of prisoners housed at Stateville Correctional Center, asked the court to temporarily appoint an expert to oversee the Illinois Department of Correction's (IDOC) response to the COVID-19 pandemic at Stateville. The court denied the motion on April 13, 2020. This case was originally filed in 2013. The original plaintiff, Lester Dobbey, was an inmate in the custody of the Illinois Department of Corrections in the Stateville Correctional Center. On Februar…

COVID-19 Summary: The plaintiffs, a class of prisoners housed at Stateville Correctional Center, asked the court to temporarily appoint an expert to oversee the Illinois Department of Correction's (IDOC) response to the COVID-19 pandemic at Stateville. The court denied the motion on April 13, 2020.


This case was originally filed in 2013. The original plaintiff, Lester Dobbey, was an inmate in the custody of the Illinois Department of Corrections in the Stateville Correctional Center. On February 8, 2013, the original plaintiff filed a pro se complaint in the Northern District of Illinois (in Chicago) against employees at Stateville Correctional Center. He brought suit under 42 U.S.C. § 1983 alleging Eighth and Fourteenth Amendment Violations. Specifically, the original plaintiff complained of unsanitary birds and vermin in inmates' living units and common areas, unbearable florescent lighting preventing inmates from getting proper sleep, unsanitary living conditions, inadequate ventilation, contaminated water supply, and unsafe housing in the "Bravo, Charlie, Delta, and Edward-Building" in which the plaintiff was housed. The original plaintiff sought injunctive and declaratory relief, along with compensatory damages, punitive damages, and damages for physical and mental suffering. The case was assigned to Judge Robert M. Dow, Jr.

On February 20, 2013, the original plaintiff filed a motion for attorney assistance and a motion to certify a class of the approximately 1,700 inmates housed at Stateville Correctional Center. The court granted the plaintiff's request for counsel and appointed law firm Brinks Gilson & Lione to his case. (The firm no longer exists as its own entity; it merged with the international law firm Crowell & Moring in July 2021). The court denied the plaintiff's motion for class certification without prejudice. The defendants filed their answer on May 28, 2013 and denied any violation of the plaintiff's constitutional rights.

On October 17, 2013, while represented by counsel, the original plaintiff filed an amended complaint which made the same substantive arguments, but also explained that the plaintiff had exhausted his administrative remedies. On January 7, 2014, the original plaintiff filed a second amended complaint adding additional defendants who were at Stateville Correctional Center.

On January 23, 2014, the court entered an amended order granting class certification after the parties filed a joint status report recommending that a class be certified. The certified class consisted of all individuals incarcerated at the Stateville Correctional Center at any time since January 1, 2011, and all individuals who would be housed at the Stateville Correctional Center at any point in the future following January 23, 2014. The court appointed Harold Johnson of Brinks Gilson & Lione as the attorney for the class.

On March 6, 2014, the defendants filed a motion to dismiss portions of the plaintiffs' complaint for failure to allege constitutional violations. In April 2014, Loevy & Loevy was substituted as counsel for the plaintiffs. On September 8, 2014, the court struck the motion to dismiss but gave the defendants permission to refile. In July 2015, settlement negotiations began. On September 5, 2018, the court appointed an expert to assist with these negotiations.

On September 25, 2018, the plaintiffs filed a motion to terminate Loevy & Loevy as class counsel and a motion for appointment of new class counsel. The plaintiff never filed a brief in support and withdrew his motion on December 4, 2018.

On April 2, 2020, the plaintiffs filed a motion for an emergency, temporary appointment of a Special Master to oversee IDOC's response to the COVID-19 pandemic at Stateville Correctional Center. The plaintiffs sought an individual or individuals with expertise in correctional facility management as well as infectious disease and/or public health to evaluate IDOC's response with regard to:

(1) segregating Class Members who are exhibiting symptoms of infection from healthy Class Members;

(2) reducing the spread of the virus through all necessary health and sanitation recommendations:

(3) instituting social distancing for living, daily activities like eating and showering;

(4) providing PPE to Class Members to reduce the spread of the virus; and

(5) ensuring all possible means are used to segregate any Class Members whose age or prior medical conditions put them at increased risk of developing severe medical complications if they contracted COVID-19.

On April 3, 2020, the court held a status conference and requested that the plaintiffs supplement their motion with a concrete proposal. In response, the plaintiffs modified their emergency motion to request the appointment of an expert instead of a special master. The plaintiffs sought the temporary appointment of an expert to: (1) access information from the Defendants regarding the conditions at Stateville, and speak with relevant IDOC employees about the Defendants’ COVID-19 response at Stateville; and (2) provide recommendations to the court and parties regarding the Defendants’ COVID-19 response at Stateville to ensure that all class members’ health and safety were protected during this crisis period.

On April 13, 2020, District Judge Dow denied without prejudice the plaintiff's motion to appoint an expert. The court concluded that imposing additional obligations on the already overburdened medical personnel and correctional staff would have been counterproductive, especially given that none of the individuals identified as potential experts had particularized knowledge about the conditions at Stateville since the first COVID-19 case was identified.

On September 11, 2020, the original plaintiff amended an earlier motion to declass the class action certification. The court denied the motion on October 7, 2020, noting that the class action remained viable.

On December 1, 2020, the original plaintiff moved to voluntarily withdraw and dismiss his individual claims provided in his second amended complaint. The court granted the motion the next day. The injunctive claims brought on behalf of the class remain pending.

The parties have engaged in settlement conferences since December, 2020. The case remains ongoing.

Summary Authors

Elena Malik (6/2/2020)

Mary Novakovic (10/10/2020)

Nicholas Gillan (2/19/2021)

John Duffield (7/12/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5596082/parties/dobbey-v-weilding/


Judge(s)

Dow, Robert Michael Jr. (Illinois)

Pallmeyer, Rebecca R. (Illinois)

Attorneys(s) for Plaintiff

Castelli, Thomas H. (Tennessee)

Clark, Wesley B. (Tennessee)

Crosley, Adair (Illinois)

Donnell, Heather Lewis (Illinois)

Downton, Mark J. (Tennessee)

Field, Vincenzo (Illinois)

Grady, Sarah (Illinois)

Hanna, David Michael (California)

Judge(s)

Dow, Robert Michael Jr. (Illinois)

Pallmeyer, Rebecca R. (Illinois)

Attorneys(s) for Plaintiff

Castelli, Thomas H. (Tennessee)

Clark, Wesley B. (Tennessee)

Crosley, Adair (Illinois)

Donnell, Heather Lewis (Illinois)

Downton, Mark J. (Tennessee)

Field, Vincenzo (Illinois)

Grady, Sarah (Illinois)

Hanna, David Michael (California)

Johnson, Harold V. (Illinois)

Kanovitz, Michael I. (Illinois)

Kayes, Thomas (Illinois)

Loevy, Arthur R. (Illinois)

Parsons, Luke Austin (Illinois)

Weil, Stephen Heschel (Illinois)

Attorneys(s) for Defendant

Doran, James Patrick (Illinois)

Henretty, Lyle Kevin (Illinois)

Lovellette, Kevin R. (Illinois)

Madigan, Lisa (Illinois)

Ptasznik, Agnes A. (Illinois)

Raoul, Kwame (Illinois)

Rees, R. Douglas (Illinois)

Scheller, Jessica Megan (Illinois)

Staley, Nicholas Scott (Illinois)

Expert/Monitor/Master

Beyrer, Chris (Maryland)

Haney, Craig William (California)

Knox, Catherine M M.N (Illinois)

LaMarre, Madeleine (Georgia)

Meyer, Jaimie (Connecticut)

Puisis, Michael M.D. (Illinois)

Raba, Jack M.D (Illinois)

Shulman, Jay (Texas)

Documents in the Clearinghouse

Document

1:13-cv-01068

Docket [PACER]

July 12, 2021

July 12, 2021

Docket
1, 1-1, 1-2, 1-3, 1-4, 1-5

1:13-cv-01068

Complaint

Feb. 8, 2013

Feb. 8, 2013

Complaint
19

1:13-cv-01068

Answer to Plaintiffs' Complaint

May 28, 2013

May 28, 2013

Pleading / Motion / Brief
27, 27-1, 27-2, 27-3, 27-4, 27-5

1:13-cv-01068

Amended Complaint

Oct. 17, 2013

Oct. 17, 2013

Complaint
35, 35-1, 35-2, 35-3, 35-4, 35-5

1:13-cv-01068

Revised Second Amended Complaint

Jan. 7, 2014

Jan. 7, 2014

Complaint
37

1:13-cv-01068

Order Granting Class Certification

Jan. 23, 2014

Jan. 23, 2014

Order/Opinion
48

1:13-cv-01068

Memorandum in Support of Defendants' Motion to Dismiss Portions of Plaintiffs' Second Amended Class Action Complaint

March 6, 2014

March 6, 2014

Pleading / Motion / Brief
192

1:13-cv-01068

Joint Status Report

Dec. 6, 2018

Dec. 6, 2018

Pleading / Motion / Brief
226

1:13-cv-01068

Amended General Order 20-0012

March 16, 2020

March 16, 2020

Order/Opinion
227

1:13-cv-01068

Second Amended General Order 20-0012

March 30, 2020

March 30, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5596082/dobbey-v-weilding/

Last updated Aug. 4, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

RECEIVED Complaint and three copies by Lester Dobbey. (Exhibits) (Attachments: # 1 Continuation of Complaint Part 1, # 2 Continuation of Complaint Part 2, # 3 Continuation of Complaint Part 3, # 4 Continuation of Complaint Part 4, # 5 Continuation of Complaint Part 5) (Envelope not postmarked.) (ph, ) (rp, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals.) (Main Document 1 replaced on 9/7/2018) (jk, ). Modified on 9/7/2018 (jk, ). (Entered: 02/11/2013)

1 Continuation of Complaint Part 1

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2 Continuation of Complaint Part 2

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3 Continuation of Complaint Part 3

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4 Continuation of Complaint Part 4

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5 Continuation of Complaint Part 5

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Feb. 8, 2013

Feb. 8, 2013

PACER
2

CIVIL Cover Sheet. (ph, ) (Entered: 02/11/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
3

MOTION by Plaintiff Lester Dobbey for leave to proceed in forma pauperis. (Exhibits) (ph, ) (Entered: 02/11/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
4

WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 2/20/2013: Plaintiff's motion for leave to file in forma pauperis [# 3 ] is granted. The Court authorizes and orders the trust fund officer at Stateville Correctional Center to collect monthly payments from Plaintiff's trust fund account in accordance with this order. The Clerk is directed to forward a copy of this order to the Inmate Trust Office at Stateville Correctional Center. The Clerk shall issue summonses to Defendants William Weilding, Michael Studer, and Marcus Hardy, and the U.S. Marshal is directed to serve them. The Clerk shall send Plaintiff Instructions for Submitting Documents, along with a copy of this order. [ For further details see written opinion.] Mailed notice (ph, ) (Entered: 02/21/2013)

Feb. 20, 2013

Feb. 20, 2013

RECAP
5

COMPLAINT filed by Lester Dobbey; (Attachments: # 1 Continuation of Complaint Part 1, # 2 Continuation of Complaint Part 2, # 3 Continuation of Complaint Part 3, # 4 Continuation of Complaint Part 4, # 5 Continuation of Complaint Part 5). (ph, ) (Entered: 02/21/2013)

1 Continuation of Complaint Part 1

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2 Continuation of Complaint Part 2

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3 Continuation of Complaint Part 3

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4 Continuation of Complaint Part 4

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5 Continuation of Complaint Part 5

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Feb. 20, 2013

Feb. 20, 2013

PACER
6

MOTION by Plaintiff Lester Dobbey for attorney assistance. (kj, ) (Entered: 02/22/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER
7

MOTION by Plaintiff Lester Dobbey to certify class. (kj, ) (Entered: 02/22/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER

SUMMONS Issued, three (3) originals and three (3) copies, three (3) copies of the complaint and two (2) certified copy of written opinion dated 2/20/2013 to the U.S. Marshal's Office for service as to Defendants Marcus Hardy, Michael Studer, William Weilding. (ph, )

Feb. 21, 2013

Feb. 21, 2013

PACER

MAILED Plaintiff Instructions for Submitting Documents, along with a copy of written opinion dated 2/20/2013. (ph, )

Feb. 21, 2013

Feb. 21, 2013

PACER

MAILED a copy of written opinion dated 2/20/2013 to the Inmate Trust Office at Stateville Correctional Center. (ph, )

Feb. 21, 2013

Feb. 21, 2013

PACER
9

WAIVER OF SERVICE returned executed by Lester Dobbey. Marcus Hardy waiver sent on 3/7/2013, answer due 5/6/2013. (ph, ) (Entered: 03/21/2013)

March 20, 2013

March 20, 2013

PACER
10

SUMMONS Returned Unexecuted by Lester Dobbey as to William Weilding. (ef, ) (Entered: 03/29/2013)

March 26, 2013

March 26, 2013

PACER
11

ATTORNEY Appearance for Defendants Marcus Hardy, Michael Studer, William Weilding by Agnes A Ptasznik (Ptasznik, Agnes) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
12

MOTION by Defendants Marcus Hardy, Michael Studer, William Weilding for extension of time to file answer (Ptasznik, Agnes) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
13

NOTICE of Motion by Agnes A Ptasznik for presentment of motion for extension of time to file answer 12 before Honorable Robert M. Dow Jr. on 5/15/2013 at 09:15 AM. (Ptasznik, Agnes) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
14

ATTORNEY Appearance for Defendants Marcus Hardy, Michael Studer by Kevin R. Lovellette (Lovellette, Kevin) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
15

MOTION by counsel for Defendant William Weilding to withdraw as attorney (Ptasznik, Agnes) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
16

NOTICE of Motion by Agnes A Ptasznik for presentment of motion to withdraw as attorney 15 before Honorable Robert M. Dow Jr. on 5/15/2013 at 09:15 AM. (Ptasznik, Agnes) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
17

MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendants Marcus Hardy, Michael Studer, William Weilding for extension of time 12 to file answer, to and including 5/28/2013, is granted.MOTION by Agnes Ptasznik,counsel for Defendant William Weilding, to withdraw as attorney 15, is granted. Notice of Motion date of 5/15/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
18

WAIVER OF SERVICE returned executed by Lester Dobbey. Michael Studer waiver sent on 3/7/2013, answer due 5/6/2013. (np, ) (Entered: 05/17/2013)

May 14, 2013

May 14, 2013

PACER
19

ANSWER to Complaint with Jury Demand by Marcus Hardy, Michael Studer(Lovellette, Kevin) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
20

NOTICE by Marcus Hardy, Michael Studer re answer to complaint 19 (Lovellette, Kevin) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
21

ORDER: Plaintiff has submitted a motion for recruitment of counsel 6 and a motion for class certification 7 . Plaintiff's motion for assistance of counsel 6 is granted. Harold V. Johnson, Brinks, Hofer, Gilson & Lione, 455 North Cityfront Plaza Drive, Suite 3600, Chicago, IL 60611-5599, is recruited to assist Plaintiff in accordance with counsel's trial bar obligations under the District Courts Local Rule 83.37 (N.D. Ill.). Plaintiff's motion for class certification 7 is denied without prejudice. Plaintiff's counsel is requested to meet with Plaintiff and review the complaint on file to determine whether counsel believes the claims raised by Plaintiff are appropriate for pursuit as a class action under FED. R. CIV. P. 23. This case is set for status on September 17, 2013 at 9:00 a.m. at which time the Court will inquire as to how counsel proposes to proceed. Signed by the Honorable Robert M. Dow, Jr on 7/12/2013. Mailed notice (np, ) (Entered: 07/15/2013)

July 12, 2013

July 12, 2013

PACER
22

ATTORNEY Appearance for Plaintiff Lester Dobbey by Harold V. Johnson (Johnson, Harold) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER
23

MOTION by Plaintiff Lester Dobbey to request for joinder of parties for class action (np, ) (Entered: 08/02/2013)

July 31, 2013

July 31, 2013

PACER
24

ATTORNEY Appearance for Plaintiff Lester Dobbey by Luke Austin Parsons (Parsons, Luke) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
25

MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing held on 9/17/2013. Plaintiff is given leave to file an amended complaint by 10/17/2013. Plaintiff's pro se motion for joinder 23 is taken under advisement. Status hearing set for 11/5/2013 at 09:00 AM. Mailed notice (tbk, ) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
26

CERTIFICATE of Service for Plaintiff's Notice of Subpoena by Harold V. Johnson on behalf of Lester Dobbey (Johnson, Harold) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
27

AMENDED complaint by Lester Dobbey against Lester Dobbey (Attachments: # 1 Exhibit Exhibits A - D, # 2 Exhibit Exhibits E - H, # 3 Exhibit Exhibits I - J, # 4 Exhibit Exhibit K, # 5 Exhibit Exhibits L - O)(Johnson, Harold) (Entered: 10/17/2013)

1 Exhibit Exhibits A - D

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2 Exhibit Exhibits E - H

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3 Exhibit Exhibits I - J

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4 Exhibit Exhibit K

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5 Exhibit Exhibits L - O

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Oct. 17, 2013

Oct. 17, 2013

PACER
28

MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing held on 11/5/2013. MOTION by Plaintiff Lester Dobbey to request for joinder of parties for class action 23 is denied as moot. As discussed on the record, parties to file a proposed plan regarding discovery schedule and motion to certify the class by 11/19/2013. Mailed notice (tbk, ) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
29

STATUS Report Jointly Filed by all Parties by Marcus Hardy, Michael Studer (Lovellette, Kevin) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
30

NOTICE by Marcus Hardy, Michael Studer re status report 29 (Lovellette, Kevin) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
31

WITHDRAWING Luke Austin Parsons as counsel for Plaintiff Lester Dobbey and substituting David Michael Hanna as counsel of record (Hanna, David) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
32

ENTER AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Robert M. Dow, Jr on 12/12/2013. Mailed notice(tbk, ) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

PACER
33

MINUTE entry before the Honorable Robert M. Dow, Jr: Based upon the agreed request of the Parties, the Class is granted until January 7, 2014, to file a Second Amended Complaint, and the Defendants are granted until January 28, 2014, to file a responsive pleading to the Second Amended Complaint. Nothing contained herein shall prevent the Defendants from questioning the sufficiency of the Second Amended Complaint, the adequacy of any of the class claims, or the Plaintiff Representatives personal damages claim through appropriate motions. Mailed notice (tbk, ) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
34

Second AMENDED complaint by Lester Dobbey against All Defendants (Hanna, David) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER
35

Revised Second AMENDED complaint by Lester Dobbey against All Defendants and terminating William Weilding (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-H, # 3 Exhibit I-J, # 4 Exhibit K, # 5 Exhibit L-O)(Hanna, David) (Entered: 01/07/2014)

1 Exhibit A-D

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2 Exhibit E-H

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3 Exhibit I-J

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4 Exhibit K

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5 Exhibit L-O

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Jan. 7, 2014

Jan. 7, 2014

PACER
36

ORDER: Enter order granting class certification. Signed by the Honorable Robert M. Dow, Jr on 1/23/2014. Mailed notice(vcf, ) (Entered: 01/28/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
37

ORDER granting class certification Signed by the Honorable Robert M. Dow, Jr on 1/23/2014. Mailed notice(vcf, ) (Entered: 01/28/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
38

MOTION by Defendants Marcus Hardy, Michael Studer for extension of time to respond to the Second Amended Complaint (Lovellette, Kevin) (Entered: 01/28/2014)

Jan. 28, 2014

Jan. 28, 2014

PACER
39

NOTICE of Motion by Kevin R. Lovellette for presentment of extension of time 38 before Honorable Robert M. Dow Jr. on 2/4/2014 at 09:15 AM. (Lovellette, Kevin) (Entered: 01/28/2014)

Jan. 28, 2014

Jan. 28, 2014

PACER
40

MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Defendants Marcus Hardy, Michael Studer for extension of time 38 to respond to the Second Amended Complaint, to and including 2/19/2014, is granted. Notice of Motion date of 2/4/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
41

ENTER AMENDED ORDER GRANTING CLASS CERTIFICATION. Signed by the Honorable Robert M. Dow, Jr on 2/11/2014. Mailed notice(tbk, ) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
42

LETTER from Antwan Stewart dated 2/11/14. (vcf, ) (Entered: 02/18/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
43

WAIVER OF SERVICE returned executed by Lester Dobbey. John Lutzinger waiver sent on 2/4/2014, answer due 4/7/2014. (Hanna, David) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER
45

WAIVER OF SERVICE returned executed by Lester Dobbey. Michael Lemke waiver sent on 2/3/2014, answer due 4/4/2014. (vcf, ) (Entered: 02/28/2014)

Feb. 24, 2014

Feb. 24, 2014

PACER
44

WAIVER OF SERVICE returned executed by Lester Dobbey. Michael Lemke waiver sent on 2/3/2014, answer due 4/4/2014. (Hanna, David) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
46

ATTORNEY Appearance for Defendant Michael Lemke by Kevin R. Lovellette (Lovellette, Kevin) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
47

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Lovellette, Kevin) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
48

MEMORANDUM by Marcus Hardy, Michael Lemke, Michael Studer in support of Motion to Dismiss for Failure to State a Claim 47 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lovellette, Kevin) (Entered: 03/06/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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March 6, 2014

March 6, 2014

PACER
49

NOTICE of Motion by Kevin R. Lovellette for presentment of Motion to Dismiss for Failure to State a Claim 47 before Honorable Robert M. Dow Jr. on 3/13/2014 at 09:15 AM. (Lovellette, Kevin) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
50

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion to Dismiss for Failure to State a Claim 47 is entered and continued generally. As discussed on the record, parties to file a 1-page status report by 3/24/2014. Mailed notice (tbk, ) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

PACER
51

WAIVER OF SERVICE returned executed by Lester Dobbey. James Louch waiver sent on 2/3/2014, answer due 4/4/2014. (Hanna, David) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

PACER
52

WAIVER OF SERVICE returned executed by Lester Dobbey. Troy Johnson waiver sent on 2/3/2014, answer due 4/4/2014. (Hanna, David) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

PACER
53

WAIVER OF SERVICE returned executed by Lester Dobbey. Marcus Hardy waiver sent on 3/10/2014, answer due 5/9/2014. (Hanna, David) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
54

ATTORNEY Appearance for Defendants Troy Johnson, James Louch by Kevin R. Lovellette (Lovellette, Kevin) (Entered: 03/22/2014)

March 22, 2014

March 22, 2014

RECAP
55

STATUS Report Jointly Filed by all Parties by Lester Dobbey (Hanna, David) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

PACER
56

MOTION by Plaintiff Lester Dobbey to substitute attorney (Grady, Sarah) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
57

NOTICE of Motion by Sarah Copeland Grady for presentment of motion to substitute attorney 56 before Honorable Robert M. Dow Jr. on 4/8/2014 at 09:15 AM. (Grady, Sarah) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
58

ORDER: MOTION to substitute 56 Loevy & Loevy as Plaintiff's counsel of record and withdraw Plaintiff's current counsel from the firm of Brinks, Gilson & Lione is granted. Notice of Motion date of 4/8/2014 is stricken and no appearances are necessary on that date. Signed by the Honorable Robert M. Dow, Jr on 4/4/2014. Mailed notice (tg, ) (Entered: 04/07/2014)

April 4, 2014

April 4, 2014

PACER
59

ATTORNEY Appearance for Plaintiff Lester Dobbey by Sarah Copeland Grady (Grady, Sarah) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

RECAP
60

ATTORNEY Appearance for Plaintiff Lester Dobbey by Michael I Kanovitz (Kanovitz, Michael) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
61

ATTORNEY Appearance for Plaintiff Lester Dobbey by Jonathan I. Loevy (Loevy, Jonathan) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
62

ATTORNEY Appearance for Plaintiff Lester Dobbey by Arthur R. Loevy (Loevy, Arthur) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
63

ATTORNEY Appearance for Defendants Marcus Hardy, Troy Johnson, Michael Lemke, James Louch, Michael Studer by Jessica Megan Scheller Office of the Illinois Attorney General (Scheller, Jessica) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
64

MOTION by Respondent DeAngelo Jones for information. (vcf, ) (Entered: 05/15/2014)

May 8, 2014

May 8, 2014

PACER
65

MINUTE entry before the Honorable Robert M. Dow, Jr: DeAngelo Jones has filed a motion for information 64 in this putative class action case. The motion 64 is granted in part. Mr. Jones is directed to contact Attorney Michael Kanovitz, Loevy & Loevy, 312 N. May Street, Suite 100, Chicago, IL 60607, Tel: (312) 243-5900 with his requests for information, as Mr. Kanovitz is lead counsel for Plaintiff and the putative class in this matter Mailed notice (tbk, ) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER
66

ATTORNEY Appearance for Plaintiff Lester Dobbey by Vincenzo Field (Field, Vincenzo) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
67

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 6/19/2014 at 09:00 AM. Mailed notice (tbk, ) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
68

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Mary M. Rowland pursuant to Local Rule 72.1. Signed by Executive Committee on 6/17/2014. (vcf, ) (Entered: 06/18/2014)

June 17, 2014

June 17, 2014

PACER
69

MINUTE entry before the Honorable Mary M. Rowland:Discovery status set for 9/30/14 at 9:00 AM.Mailed notice (gel, ) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

RECAP
70

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 6/19/2014. Further Status hearing set for 8/14/2014 at 09:00 AM.Mailed notice (tbk, ) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

RECAP
71

MOTION by Respondent James Dolis to alter judgment/amend judgment of relief of judgment pursuant to Rule 59(e) or 60(b).(vcf, ) (Entered: 08/04/2014)

July 18, 2014

July 18, 2014

PACER
73

NOTICE by James Dolis of Change of Address. (vcf, ) (Entered: 08/15/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
72

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. For reasons stated on the record, MOTION by Respondent James Dolis to alter judgment/amend 71 judgment of relief of judgment pursuant to Rule 59(e) or 60(b)is denied. Mailed notice (tbk, ) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
74

ATTORNEY Appearance for Plaintiff Lester Dobbey by Thomas Kayes (Kayes, Thomas) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
75

MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' Motion to Dismiss for Failure to State a Claim 47 is stricken with leave to re-file. Status hearing set for 9/30/2014 at 09:00 AM. Parties to appear before Judge Dow following appearance before Magistrate Judge Rowland. Mailed notice (tbk, ) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
76

MINUTE entry before the Honorable Mary M. Rowland: Status hearing previously set for 9/30/2014 is reset for 10/7/2014 at 09:00 AM.Mailed notice (gel, ) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
77

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 9/30/2014 is stricken and reset to 10/7/2014 at 9:00a.m. Parties to appear before Judge Dow following appearance before Magistrate Judge Rowland. Mailed notice (tbk, ) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
80

MOTION to Opt-Out of Class Action by Movant Aaron Stewart; Exhibits. (sxw) (Filer Modified by Clerk's Office on 10/28/2014) (Entered: 10/09/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
78

MINUTE entry before the Honorable Mary M. Rowland:Status hearing held on 10/7/2014 and continued to 12/17/2014 at 09:00 AM.Mailed notice (gel, ) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
79

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 10/7/2014. Further Status hearing set for 11/12/2014 at 11:15 AM. Mailed notice (tbk, ) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
81

MOTION to Opt-Out of Class Action by Movant Aaron Stewart. (sxw) (Filer Modified by Clerk's Office on 10/28/2014) (Entered: 10/21/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
85

MOTION for Status by Movant Aaron Stewart. (sxw) (Filer Modified by Clerk's Office on 10/28/2014) (Entered: 10/27/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
82

MOTION by Plaintiff Lester Dobbey for Relief Under Rule 26(d)(1) or, in the Alternative, to Compel Defense Counsel to Attend a Rule 26(f) Conference (Attachments: # 1 Exhibit A)(Kayes, Thomas) (Entered: 10/24/2014)

1 Exhibit A

View on PACER

Oct. 24, 2014

Oct. 24, 2014

PACER
83

NOTICE of Motion by Thomas Kayes for presentment of motion for miscellaneous relief 82 before Honorable Mary M. Rowland on 11/4/2014 at 09:15 AM. (Kayes, Thomas) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
84

MINUTE entry before the Honorable Mary M. Rowland: Motion Hearing 82 previously set for 11/4/2014 is reset for 11/7/2014 at 09:15 AM.Mailed notice (gel, ) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
86

NOTICE of Correction regarding 80, 81, 85 . (sxw) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
87

MINUTE entry before the Honorable Mary M. Rowland:Motion hearing held on 11/7/2014 regarding motion for miscellaneous relief 82 is granted. Parties are ordered to have a 26(f) conference by 11/21/2014. Status previously set for 12/17/2014 at 9:00 AM to stand. Mailed notice (gel, ) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
88

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing date of 11/12/2014 is stricken and Status hearing reset for 12/17/2014 at 09:15 AM. Mailed notice (tbk, ) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
89

MOTION by Plaintiff Lester Dobbey for leave to file Third Amended Complaint (Attachments: # 1 Exhibit Proposed Third Amended Complaint)(Kayes, Thomas) (Entered: 12/01/2014)

1 Exhibit Proposed Third Amended Complaint

View on PACER

Dec. 1, 2014

Dec. 1, 2014

PACER
90

NOTICE of Motion by Thomas Kayes for presentment of motion for leave to file 89 before Honorable Robert M. Dow Jr. on 12/9/2014 at 09:15 AM. (Kayes, Thomas) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER
91

MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiff Lester Dobbey for leave to file 89 Third Amended Complaint is entered and continued to 12/17/2014 at 9:15a.m. Mailed notice (tbk, ) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER
92

MINUTE entry before the Honorable Robert M. Dow, Jr: On the Court's own motion, the time of the 12/17/2014 status hearing and entered and continued motion to file 89 is reset to 10:45 a.m. Mailed notice (tbk, ) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

PACER
93

MOTION by counsel for Plaintiff Lester Dobbey to withdraw as attorney (Kayes, Thomas) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
94

NOTICE of Motion by Thomas Kayes for presentment of motion to withdraw as attorney 93 before Honorable Robert M. Dow Jr. on 12/23/2014 at 09:15 AM. (Kayes, Thomas) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
95

MINUTE entry before the Honorable Mary M. Rowland:Status hearing held on 12/17/2014 and continued to 2/18/2015 at 09:00 AM.Mailed notice (gel, ) (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

PACER
96

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 12/17/2014. MOTION by Plaintiff Lester Dobbey for leave to file Third Amended Complaint 89 is continued to 1/6/2015 at 9:15a.m. Mailed notice (tbk, ) (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

PACER
97

MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by counsel Thomas Kayes to withdraw his appearance on behalf of Plaintiff Lester Dobbey 93 is granted. Notice of Motion date of 12/23/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

PACER
101

MOTION for Status by Movant Aaron Stewart. (sxw) (Entered: 01/09/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Feb. 8, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals incarcerated at the Stateville Correctional Center at any time since January 1, 2011, and all individuals that would be housed at the Stateville Correctional Center after January 23, 2014, (the date class certification was granted).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Stateville Correctional Center, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Conditions of confinement

Food service / nutrition / hydration

Sanitation / living conditions

Totality of conditions

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Requested

Type of Facility:

Government-run