Civil Rights Litigation Clearinghouse

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

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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…

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.

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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)

Attorney Contact Information via CourtListener

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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

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Resources

Title	Description		External URL Date / External URL

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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 View on PACER 2 Continuation of Complaint Part 2 View on PACER 3 Continuation of Complaint Part 3 View on PACER 4 Continuation of Complaint Part 4 View on PACER 5 Continuation of Complaint Part 5 View on PACER	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 View on PACER 2 Continuation of Complaint Part 2 View on PACER 3 Continuation of Complaint Part 3 View on PACER 4 Continuation of Complaint Part 4 View on PACER 5 Continuation of Complaint Part 5 View on PACER	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 View on PACER 2 Exhibit Exhibits E - H View on PACER 3 Exhibit Exhibits I - J View on PACER 4 Exhibit Exhibit K View on PACER 5 Exhibit Exhibits L - O View on PACER	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 View on PACER 2 Exhibit E-H View on PACER 3 Exhibit I-J View on PACER 4 Exhibit K View on PACER 5 Exhibit L-O View on PACER	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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	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

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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