Case: The Beloved Church v. Pritzker

3:20-cv-50153 | U.S. District Court for the Northern District of Illinois

Filed Date: April 30, 2020

Closed Date: May 13, 2021

Clearinghouse coding complete

Case Summary

COVID 19 Summary: The federal district court denied an injunction blocking application of Illinois Governor Jay Pritzker's stay-at-home order against churches. The plaintiff church appealed to the Seventh Circuit, which affirmed the lower court on March 8, 2021. The plaintiffs voluntarily dismissed the case and it is now closed. In his COVID-19 “stay-at-home” executive orders, J. B. Pritzker, the governor of Illinois, required churches to discontinue all in-person services, including drive-in …

COVID 19 Summary: The federal district court denied an injunction blocking application of Illinois Governor Jay Pritzker's stay-at-home order against churches. The plaintiff church appealed to the Seventh Circuit, which affirmed the lower court on March 8, 2021. The plaintiffs voluntarily dismissed the case and it is now closed.


In his COVID-19 “stay-at-home” executive orders, J. B. Pritzker, the governor of Illinois, required churches to discontinue all in-person services, including drive-in services. The Beloved Church of Lena, a church of 80 congregants, alleged that the governor’s orders violated the congregants’ First and Fourteenth Amendment rights, and similar rights under the Illinois Constitution. Represented by the Thomas More Society, the Beloved Church and its pastor filed this Section 1983 lawsuit in the U.S. District Court for the Northern District of Illinois, on April 30, 2020, and, simultaneously, sought a temporary restraining order and preliminary injunction. The Complaint sought injunctive relief, declaratory relief, damages, costs, and attorneys’ fees . The defendants were the governor of Illinois; the sheriff of Stephenson County, Illinois; the Department of Public Health of Stephenson County; and the Chief of Police of the Village of Lena.

The plaintiffs alleged that the governor’s stay-at-home orders in March and April, expected to extend at least through May, were unconstitutional both facially and as-applied. Facially, the orders did not protect the church’s constitutional rights of freedom of religion, speech, or assembly, nor its right to due process. They alleged that because establishments from liquor stores to dog groomers to golf courses were allowed to remain open under the executive orders, the governor discriminated against people of faith by prohibiting religious services. As applied, prominent government officials had violated the stay-at-home orders with no consequence, and many jurisdictions around the state had declined to enforce the orders at all. By contrast, the church had received cease-and-desist letters from the county sheriff and Department of Public Health, threatening civil and criminal penalties for noncompliance.

In consequence of the cease-and-desist letters, the plaintiffs alleged in their motion for a temporary restraining order that in order to hold worship services on May 3, they needed emergency injunctive relief from the court.

Additionally, they alleged that regardless of the constitutionality of the orders, the governor lacked statutory authority under the Illinois Emergency Management Agency Act to extend the state of emergency (at thus the stay-at-home order) past April 7. On April 30, the governor issued a new executive order which reclassified religious worship as "essential." The new executive order permitted religious gatherings, but limited the size of gatherings and required social distancing measures.

On May 3, Judge John Z. Lee denied both the temporary restraining order and the preliminary injunction, writing that the “societal and political debate about how to balance [COVID-related] interests is beyond the purview of this Court.” Cassell v. Snyders, 2020 WL 2112374 (May 3, 2020).

The plaintiffs appealed to the Seventh Circuit (USCA Case No. 20-1757), and on May 5 asked Judge Lee to issue an injunction against the defendants while the case was pending appeal. The following day, Judge Lee denied the motion for injunction pending appeal. On June 26, the defendant sought to stay proceedings pending the appeal, which the court granted.

On March 8, 2021, the Seventh Circuit issued its opinion, affirming the lower court's denial for the temporary restraining order and preliminary injunction. 990 F.3d 539. The court reasoned that when the prospect of irreparable injury to the plaintiffs is low and the interests of non-parties to the litigation are at stake, the balance of interest weighs against granting preliminary relief. Furthermore, the strict ten-person limit order had already expired. The court also found that the plaintiffs were unlikely to succeed on their due process and state law claims in federal court. The court advised the plaintiffs that they could seek a new preliminary injunction if the governor issued a new order reimposing limits similar to the ones they had been challenging.

Back in the district court, the plaintiffs filed a notice of voluntary dismissal on May 13, 2021, which the court granted the same day and dismissed the case.

Summary Authors

Gregory Marsh (8/13/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17115713/parties/the-beloved-church-v-pritzker/


Judge(s)

Johnston, Iain David (Illinois)

Lee, John Zihun (Illinois)

Attorneys(s) for Plaintiff

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Jacobi, Benjamin Matthew (Illinois)

Wells, Christopher Graham (Illinois)

Whittaker, Martin J. (Illinois)

Attorneys(s) for Defendant

Bauer, Kelly C. (Illinois)

Burke, Darron M. (Illinois)

Casey, Kevin Mark (Illinois)

Judge(s)

Johnston, Iain David (Illinois)

Lee, John Zihun (Illinois)

Attorneys(s) for Plaintiff

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Jacobi, Benjamin Matthew (Illinois)

Wells, Christopher Graham (Illinois)

Whittaker, Martin J. (Illinois)

Attorneys(s) for Defendant

Bauer, Kelly C. (Illinois)

Burke, Darron M. (Illinois)

Casey, Kevin Mark (Illinois)

Dworkin, Hal (Illinois)

Green, Thomas A. (Illinois)

Lanzito, Dominick L. (Illinois)

Newman, Sarah Hughes (Illinois)

O'Grady, Paul A (Illinois)

Pottinger, Robert C. (Illinois)

Raoul, Kwame (Illinois)

Rees, R. Douglas (Illinois)

Turiello, Jennifer Lynn (Illinois)

Documents in the Clearinghouse

Document

3:20-cv-50153

20-01757

Docket [PACER]

May 13, 2021

May 13, 2021

Docket
6

3:20-cv-50153

Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

April 30, 2020

April 30, 2020

Pleading / Motion / Brief
7

3:20-cv-50153

Plaintiffs' Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

April 30, 2020

April 30, 2020

Pleading / Motion / Brief
1 & 1-2

3:20-cv-50153

Verified Complaint

April 30, 2020

April 30, 2020

Complaint
32

3:20-cv-50153

The Governor's Supplemental Filing in Response to the Court's May 1, 2020 Minute Order Regarding Drive-In Services

May 1, 2020

May 1, 2020

Pleading / Motion / Brief
27

3:20-cv-50153

Sheriff Snyders and Administrator Beintema's Response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

May 1, 2020

May 1, 2020

Pleading / Motion / Brief
29

3:20-cv-50153

Defendant, Steve Schaible's Response to Plaintiffs' Request for a Temporary Restraining Order and Preliminary Injunction

May 1, 2020

May 1, 2020

Pleading / Motion / Brief
26 & 26-1

3:20-cv-50153

The Governor's Opposition to Plaintiffs' Emergency Motion for a Temporary Restraining Order or Preliminary Injunction

May 1, 2020

May 1, 2020

Pleading / Motion / Brief
34

3:20-cv-50153

Declaration of Plaintiff Stephen Cassell in Support of Plaintiffs' Motion for Temporary Restraining Order

May 2, 2020

May 2, 2020

Declaration/Affidavit
33

3:20-cv-50153

Plaintiff's Reply in Support of Their Motion for a Temporary Restraining Order

May 2, 2020

May 2, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17115713/the-beloved-church-v-pritzker/

Last updated Aug. 29, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Stephen Cassell; Filing fee $ 400, receipt number 0752-16976245. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Whittaker, Martin) (Entered: 04/30/2020)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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April 30, 2020

April 30, 2020

RECAP

case assigned

April 30, 2020

April 30, 2020

PACER
2

CIVIL Cover Sheet (Whittaker, Martin) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
3

ATTORNEY Appearance for Plaintiffs Stephen Cassell, The Beloved Church by Martin J. Whittaker (Whittaker, Martin) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
4

ATTORNEY Appearance for Plaintiffs Stephen Cassell, The Beloved Church by Martin J. Whittaker (Whittaker, Martin) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
5

ATTORNEY Appearance for Plaintiffs Stephen Cassell, The Beloved Church by Peter Christopher Breen (Breen, Peter) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
6

MOTION by Plaintiffs Stephen Cassell, The Beloved Church for temporary restraining order, MOTION by Plaintiffs Stephen Cassell, The Beloved Church for preliminary injunction (Breen, Peter) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
7

MEMORANDUM by Stephen Cassell, The Beloved Church in support of motion for temporary restraining order, motion for preliminary injunction 6 (Attachments: # 1 Exhibit A - Proclamation, 3-9-20, # 2 Exhibit B - Proclamation, 4-1-20, # 3 Exhibit C - EO 2020-18)(Breen, Peter) (Entered: 04/30/2020)

1 Exhibit A - Proclamation, 3-9-20

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2 Exhibit B - Proclamation, 4-1-20

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3 Exhibit C - EO 2020-18

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April 30, 2020

April 30, 2020

RECAP

CASE ASSIGNED to the Honorable John Z. Lee and Honorable Iain D. Johnston. Designated as Magistrate Judge the Honorable Iain D. Johnston. Case assignment: Random assignment. (jp, )

April 30, 2020

April 30, 2020

PACER
8

Pursuant to the Fourth Amended General Order 19-0007, dated 6/27/2019, this case is assigned to the Honorable John Z. Lee and referred generally to the Honorable Iain D. Johnston. Signed by Executive Committee on 6/27/2019. (jp, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
9

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 (jp, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
10

MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is before Judge Dow as emergency judge. Plaintiffs have filed a motion for temporary restraining order and preliminary injunction [docket number 592 on the emergency docket and docket number 6 on the regular civil docket in Case No. 3:20-cv-50153]. The motion will be handled by the assigned judge, Judge Lee. The Clerk is directed to terminate the motion on the emergency docket, as all further filings and rulings will be made on the regular civil docket. Mailed notice (cdh, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
11

MINUTE entry before the Honorable John Z. Lee: Plaintiffs have filed a complaint, a motion for temporary restraining order and for preliminary injunction 6 as well as a supporting memorandum and attachments 7 . Plaintiffs' counsel attests that the materials have been provided via email to Benjamin Jacobi (at a okgc.com email address), who (according to Plaintiffs' counsel) is an attorney for Defendants Snyders and Beintema; Defendant Schaible (at what appears to be a personal email address); and Sarah Hunger, a Deputy Solicitor General at the Office of the Illinois Attorney General. It is unclear, however, whether Plaintiffs have verified that that the recipients have received the materials. Accordingly, Plaintiffs' counsel is ordered to file a short statement no later than 5:00 p.m. today, Thursday, April 30, 2020, attesting that the intended recipients have received the materials. Plaintiffs' counsel also is ordered to meet and confer with Defendants and/or their counsel to explore ways of resolving this issue, including whether the parties would agree to a standstill agreement while the motion is briefed and considered. Plaintiffs also are ordered to effectuate service pursuant to Fed. R. Civ. P. 4, as soon as possible, but no later than 5:00 p.m., on Friday, May 1, 2020. Defendants are ordered to file a response to Plaintiffs' motion for temporary restraining order and for preliminary injunction 6 no later than 5:00 p.m. on Friday, May 1, 2020. The memorandum should address, among other things, whether the parties have met and conferred as ordered above and the results of those discussions, as well as what, if any, enforcement actions the Sheriff of Stephenson County and the Chief of Police of Stephenson County would take, in the event Plaintiffs convened for services this Sunday with or without observing the facial mask and social distancing restrictions. Plaintiffs need not, but may, file a reply memorandum no later than 2:00 p.m. on Saturday, May 2, 2020. Once the briefs have been received, the Court will take the motion under advisement and issue a ruling as soon as practicable. Furthermore, given that Plaintiffs waited a week after Governor Pritzker's extension of the stay-at-home order before filing this action and have not provided any reasons for their delay, Plaintiffs should not expect the Court to rule on the motion prior to this Sunday. To the extent that there are any exigent circumstances between today and this Sunday, much can be attributed to Plaintiffs' own actions. Mailed notice (ca, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
12

Counsel statement re actual, informal service STATEMENT by Stephen Cassell (Whittaker, Martin) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
13

ATTORNEY Appearance for Defendants Craig Beintema, David Snyders by Benjamin Matthew Jacobi (Jacobi, Benjamin) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
14

ATTORNEY Appearance for Defendant Steve Schaible by Robert C. Pottinger (Pottinger, Robert) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
15

ATTORNEY Appearance for Defendant Steve Schaible by Darron M. Burke (Burke, Darron) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
16

MINUTE entry before the Honorable John Z. Lee: Illinois Executive Order 2020-32, dated April 30, 2020, permits individuals to leave their residences "[t]o engage in the free exercise of religion, provided that such exercise [] comply with Social Distancing Requirements and the limit on gatherings of more than ten people in keeping with CDC guidelines for the protection of public health." The order continues, "Religious organizations and houses of worship are encouraged to use online or drive-in services to protect the health and safety of their congregants." It is clear that online services are not subject to the 10-person limitation. In their response to Plaintiffs' motion for temporary restraining order and preliminary injunction, Defendants should address how the State defines "drive-in services" and whether such services would be subject to the 10-person limitation. Mailed notice (ca, ) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
17

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Kelly C. Bauer (Bauer, Kelly) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
18

ATTORNEY Appearance for Defendant Steve Schaible by Dominick L Lanzito (Lanzito, Dominick) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
19

ATTORNEY Appearance for Defendant Steve Schaible by Paul A O'Grady (O'Grady, Paul) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
20

ATTORNEY Appearance for Defendant Steve Schaible by Kevin Mark Casey (Casey, Kevin) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
21

ATTORNEY Appearance for Defendant Steve Schaible by Jennifer Lynn Turiello (Turiello, Jennifer) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
22

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Hal Dworkin (Dworkin, Hal) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
23

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Christopher Graham Wells (Wells, Christopher) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
24

ATTORNEY Appearance for Defendant Steve Schaible by Thomas A. Green (Green, Thomas) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
25

ATTORNEY Appearance for Defendant Jay Robert Pritzker by R. Douglas Rees (Rees, R.) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
26

MEMORANDUM by Jay Robert Pritzker in Opposition to motion for temporary restraining order, motion for preliminary injunction 6 (Attachments: # 1 Exhibit Exhibit A - Current Executive Order (EO 2020-32))(Wells, Christopher) (Entered: 05/01/2020)

1 Exhibit Exhibit A - Current Executive Order (EO 2020-32)

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May 1, 2020

May 1, 2020

PACER
27

RESPONSE by Craig Beintema, David Snydersin Opposition to MOTION by Plaintiffs Stephen Cassell, The Beloved Church for temporary restraining order MOTION by Plaintiffs Stephen Cassell, The Beloved Church for preliminary injunction 6 (Jacobi, Benjamin) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
28

MOTION by Defendant Jay Robert Pritzker for leave to file excess pages instanter (Bauer, Kelly) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
29

RESPONSE by Defendant Steve Schaible to motion for temporary restraining order, motion for preliminary injunction 6 (O'Grady, Paul) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
30

NOTICE by Steve Schaible re Response 29 (O'Grady, Paul) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
31

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Sarah Hughes Newman (Newman, Sarah) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
32

RESPONSE by Defendant Jay Robert Pritzker to text entry,,, 16 Response to the Court's Minute Order re: Drive-In Services (Wells, Christopher) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
33

REPLY by Stephen Cassell, The Beloved Church to memorandum in support of motion, 7, MOTION by Plaintiffs Stephen Cassell, The Beloved Church for temporary restraining order MOTION by Plaintiffs Stephen Cassell, The Beloved Church for preliminary injunction 6, memorandum in opposition to motion 26, response in opposition to motion, 27, Response 32, Response 29 (Breen, Peter) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER
34

DECLARATION of Stephen Cassell regarding reply to response to motion, 33 (Breen, Peter) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER
35

MOTION by Plaintiff The Beloved ChurchLeave to file oversized Reply (Whittaker, Martin) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER
36

EXHIBIT by Plaintiffs Stephen Cassell, The Beloved Church 5-2-20 Order of 6th Cir in Maryville Baptist Church, Inc, et al v. Andy Beshear, Case No. 20-5427 regarding reply to response to motion, 33 (Breen, Peter) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER
37

MINUTE entry before the Honorable John Z. Lee: Plaintiffs The Beloved Church and Stephen Carrell filed a motion for temporary restraining order and preliminary injunction on 4/30/2020. In their motion, Plaintiffs seek injunctive relief to permit them to gather for worship at their church on Sunday, 5/3/20, despite Governor Pritzker's Executive Order 2020-32 (dated 4/30/2020). The Court ordered expedited briefing, and Defendants filed their responses at 5:00 p.m. on 5/1/20, and Plaintiffs filed their reply at 2:00 p.m. on 5/2/20. After due consideration, the Court denies Plaintiffs' motion for temporary restraining order and preliminary injunction 6 . The Court will issue a written opinion and order explaining its ruling shortly. Mailed notice (ca, ) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

RECAP
38

MINUTE entry before the Honorable John Z. Lee: Motions to file oversized briefs 28 and 35 are granted.Mailed notice (ca, ) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER
39

MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 5/3/20.Mailed notice(ca, ) (Entered: 05/03/2020)

May 3, 2020

May 3, 2020

RECAP
40

WAIVER OF SERVICE returned executed by Stephen Cassell, The Beloved Church. Craig Beintema waiver sent on 4/30/2020, answer due 6/29/2020. (Whittaker, Martin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
41

WAIVER OF SERVICE returned executed by Stephen Cassell, The Beloved Church. David Snyders waiver sent on 4/30/2020, answer due 6/29/2020. (Whittaker, Martin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
42

WAIVER OF SERVICE returned executed by Stephen Cassell, The Beloved Church. Jay Robert Pritzker waiver sent on 4/30/2020, answer due 6/29/2020. (Whittaker, Martin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
43

ATTORNEY Appearance for Plaintiffs Stephen Cassell, The Beloved Church by Thomas L. Brejcha, Jr (Brejcha, Thomas) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
44

Western Division ADR Notification (jp, ) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
45

WAIVER OF SERVICE returned executed by Steve Schaible. Steve Schaible waiver sent on 4/30/2020, answer due 6/29/2020. (Pottinger, Robert) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
46

NOTICE of appeal by Stephen Cassell, The Beloved Church regarding orders 37, 39 Filing fee $ 505, receipt number 0752-16986311. Receipt number: n (Whittaker, Martin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP
47

MOTION by Plaintiffs Stephen Cassell, The Beloved ChurchInjunction Pending Appeal (Whittaker, Martin) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
48

MINUTE entry before the Honorable John Z. Lee: Defendant's response to Plaintiffs' emergency motion for injunction pending appeal 47 is due by 3:00 p.m. on 5/6/20. The Court will issue a ruling once the response is filed.Mailed notice (ca, ) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
49

MINUTE entry before the Honorable John Z. Lee:Minute order 48 is amended: Defendants' response to Plaintiffs' emergency motion is limited to five pages.Mailed notice (ca, ) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
50

RESPONSE by Craig Beintema, David Snyders to MOTION by Plaintiffs Stephen Cassell, The Beloved ChurchInjunction Pending Appeal 47 (Jacobi, Benjamin) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
51

RESPONSE by Jay Robert Pritzkerin Opposition to MOTION by Plaintiffs Stephen Cassell, The Beloved ChurchInjunction Pending Appeal 47 (Wells, Christopher) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
52

RESPONSE by Steve Schaible to MOTION by Plaintiffs Stephen Cassell, The Beloved ChurchInjunction Pending Appeal 47 (O'Grady, Paul) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
53

NOTICE by Steve Schaible re response to motion 52 (O'Grady, Paul) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
54

TRANSMITTED to the 7th Circuit the short record on notice of appeal 46 . (jp, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
55

ORDER : The Court previously denied Plaintiffs' motion for a temporary restraining order and a preliminary injunction requesting that the Court enjoin Governor Pritzker from enforcing his latest stay-at-home order of April 30, 2020. See 5/3/2020 Memorandum Opinion and Order, ECF No. 39 ("May 3 Order"). Having filed a notice of appeal, Plaintiffs now urge the Court to enjoin enforcement of Pritzker's order while the appeal is pending. See Fed. R. Civ. P. 62. As the Seventh Circuit has explained, the standard for deciding motions for injunctions pending appeal is no different "from that applicable to a motion to stay the district court's judgment." Cavel Int'l, Inc. v. Madigan, 500 F.3d 544, 547 (7th Cir. 2007). In turn, "[t]he standard for granting a stay pending appeal mirrors that for granting a preliminary injunction." In re A & F Enterprises, Inc. II, 742 F.3d 763, 766 (7th Cir. 2014) (citation omitted). That means that courts "consider the moving party's likelihood of success on the merits, the irreparable harm that will result to each side if the stay is granted or denied in error, and whether the public interest favors one side or the other." Id. Given that the same standard applies, and that Plaintiffs have failed to introduce any new facts or arguments in support of the present motion, the Court denies Plaintiffs' request for an injunction pending appeal for the reasons explained in the May 3 Order denying Plaintiffs' motion for a temporary restraining order and a preliminary injunction. Signed by the Honorable John Z. Lee on 5/6/20. Mailed notice(ca, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
56

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 46 ; USCA Case No. 20-1757. (jp, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
57

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. (docket11, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
58

MINUTE entry before the Honorable John Z. Lee: The Court orders the parties to file a joint status report by July 21, 2020. The report, which shall be as concise as possible, shall address: (1) the progress of discovery; (2) the status of briefing on any unresolved motions; (3) for cases without any future court dates, an agreed proposed schedule for the next 60 days; (4) for cases that have future court dates, an agreed revised schedule if the current schedule needs revision; (5) a request for any agreed action that the Court can take without a hearing; (6) whether the parties believe a telephonic hearing or in-person hearing is necessary in the immediate future, and, if so, the issue(s) that warrants discussion. Mailed notice (ca, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
59

MINUTE entry before the Honorable John Z. Lee: Minute order 58 is stricken. A telephonic initial status hearing is set for 8/10/20 at 8:45 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. Members of the public and media will be able to call in to listen to this hearing. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw== In the event that any party has any objections to this order, an objection must be filed no later than five (5) business days prior to the telephone conference. The parties are directed to file a joint initial status report seven business prior to the status hearing. Mailed notice (ca, ) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
60

MOTION by Defendant Jay Robert Pritzker to stay pending appeal [unopposed] (Rees, R.) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
61

MINUTE entry before the Honorable John Z. Lee:The motion to stay 60 is granted. The parties are reminded to file a joint status report at least seven business days before the status hearing scheduled for 8/10/20. Mailed notice (ca, ) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
62

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
63

STATUS Report JOINT Status Report preparatory to initial status conference by Stephen Cassell, The Beloved Church (Whittaker, Martin) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
64

MINUTE entry before the Honorable John Z. Lee:The Court orders the parties to file a joint written status report by 11/1/20. The report, which shall be as concise as possible, shall set forth: (1) the current deadlines imposed by the Court and whether the matter has been referred to the Magistrate Judge in any fashion (e.g., for discovery supervision; for resolution of a motion; for settlement; etc.); (2) the progress of discovery, if discovery is ongoing; (3) the status of briefing on unresolved motions, if any; (4) whether the parties have engaged or are engaging in settlement discussions and the status of those discussions; (5) for cases without any future court dates, an agreed proposed schedule; (6) for cases that have future court dates and if the parties believe there is good cause to extend the current deadlines, a proposed amended schedule and the basis for the request; (7) a request for any agreed action that the Court can take without a hearing; (8) and whether the parties believe a telephonic hearing or in-person hearing is necessary within the next 60 days, and, if so, the issue(s) that warrants discussion and the parties' respective positions. Mailed notice (ca, ) (Entered: 08/01/2020)

Aug. 1, 2020

Aug. 1, 2020

PACER
65

MINUTE entry before the Honorable John Z. Lee:In light of the pending interlocutory appeal, the status hearing set for 8/10/20 is stricken.Mailed notice (ca, ) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
66

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0028: The Honorable Iain D. Johnston has been confirmed as a United States District Judge for the Northern District of Illinois; therefore It is hereby ordered that all previously pending cases and referra ls before the Honorable Iain D. Johnston as a U.S. Magistrate Judge are to be reassigned to the Honorable Lisa A. Jensen; and It is also ordered cases where Judge Johnston was the designated magistrate judge and requires further action, the Clerk shall assign the matter to Magistrate Judge Jensen; and It is also ordered that any case that is reassigned pursuant to this Order, and remains open at such time when the next magistrate judge in the Western Division is appointed, shall be reassigned to that magistrate judge. Case referred to the Honorable Lisa A. Jensen. Signed by Honorable Rebecca R. Pallmeyer on 9/29/2020.(docket2, ) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
67

ORDER : In light of the reassignment of this case to Magistrate Judge Lisa A. Jensen, the parties are notified that all prior orders entered by Judge Iain D. Johnston remain in effect. Therefore, all hearings, settlement conferences, status report deadlines, discovery deadlines and briefing schedules shall stand, and all matters previously scheduled before Judge Johnston will now proceed before Judge Jensen, unless notified otherwise. Signed by the Honorable Lisa A. Jensen on 9/29/2020: Mailed notice. (docket2, ) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
68

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0029: It appearing that Iain D. Johnston has been appointed as a United States District Judge for the Northern District of Illinois, Western Division; therefore IT IS HEREBY ORDERED That the attached list of civil cases are hereby reassigned to form the initial calendar of the Honorable Iain D. Johnston; and It is further ordered that the Fourth Amended General Order 19-0007 -Western Division Reassignment Wheel, be vacated in its entirety and this General Order supersedes it; and It is further ordered the Clerk of Court is to add Judge Johnston's name to the Court's existing civil and criminal case assignment system so that he shall receive a full share of such cases; and It is further ordered that all criminal cases that were assigned and reassigned pursuant to General Order 19-0007 shall remain assigned to the current district judge absent further order of the Court. Case reassigned to the Honorable Iain D. Johnston for all further proceedings. Honorable John Z. Lee no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/29/2020.(docket10, ) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
69

STATUS Report | Joint Status Report by Jay Robert Pritzker (Wells, Christopher) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
70

MINUTE entry before the Honorable Iain D. Johnston: Status report 69 received and reviewed. This case remains stayed indefinitely. The case remains referred to Magistrate Judge Jensen. See Dkt. 66. Supplemental report due 2/18/2021 and shall be filed for review by Judge Jensen. (yxp, ) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
71

EXECUTIVE COMMITTEE ORDER: General Order 21-0004: It appearing that Margaret J. Schneider has been appointed as a United States Magistrate Judge for the Northern District of Illinois, Western Division; and It further appearing that under the general provisions of Internal Operating Procedure 17 provides for the creation of the initial calendar for a newly appointed magistrate judge by equalization; therefore IT IS HEREBY ORDERED that the attached list of civil consent cases and civil referral cases shall be reassigned to form the initial calendar of the Honorable Margaret J. Schneider; and IT IS FURTHER ORDERED pursuant to Local Rule 72.1 that Magistrate Judge Schneider is to become the designated magistrate judge in any pending civil case where former Magistrate Judge Johnston was the designated magistrate judge; and IT IS FURTHER ORDERED that unless otherwise ordered by Magistrate Judge Schneider, all hearing dates, deadlines, and schedules set in the attached list of cases are to remain in effect; and IT IS FURTHER ORDERED that all parties affected by this Order must review Magistrate Judge Schneider's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add Magistrate Judge Schneider the Courts' civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add Magistrate Judge Schneider to the Court's criminal case assignment system in six (6) months so that Magistrate Judge Schneider shall thereafter receive a full share of such cases.. Case reassigned to the Honorable Margaret J. Schneider for all further proceedings. Honorable Lisa A. Jensen no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 2/11/2021. (aee, ) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
72

STATUS Report Joint Supplemental Status Report by Stephen Cassell, The Beloved Church (Whittaker, Martin) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
73

MINUTE entry before the Honorable Margaret J. Schneider: The Court has received and reviewed the parties' status report 72 . The case remains stayed. The parties shall file a status report with the court on May 19, 2021. Mailed notice. (jxk) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
74

MANDATE of USCA dated 3/30/2021 regarding notice of appeal 46 ;USCA No.20-1757 ; No record to be returned. (jp, ) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

RECAP
75

CERTIFIED COPY OF OPINION from the USCA for the Seventh Circuit; Argued 11/12/2020; Decided 3/8/2021 in USCA case no. 20-1757. (jp, ) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
76

CERTIFIED COPY OF USCA JUDGMENT dated 3/8/2021 regarding notice of appeal 46 ; USCA No. 20-1757 : The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (jp, ) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

RECAP
77

Plaintiffs' Notice of Dismissal by Stephen Cassell, The Beloved Church (Whittaker, Martin) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
78

MINUTE entry before the Honorable Iain D. Johnston: In light of the plaintiffs' notice of voluntary dismissal 77, this case is dismissed. Civil case terminated. (yxp, ) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 30, 2020

Closing Date: May 13, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Small evangelical Christian church and its pastor

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Illinois, State

Stephenson County, Illinois (Stephenson), County

Stephenson County Department of Public Health (Stephenson), County

Chief of Police of the Village of Lena (Stephenson), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Buildings

Disparate Treatment

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit