Case: Elim Romanian Pentecostal Church v. Pritzker

1:20-cv-02782 | U.S. District Court for the Northern District of Illinois

Filed Date: May 7, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On May 7, two churches in Illinois sued the Governor of Illinois, seeking declaratory and injunctive relief against the Governor’s stay-at-home order and restoration plan, which limited gatherings to 10 or fewer people. The court denied the request for a TRO on May 13, the Seventh Circuit denied the plaintiff's request for an injunction pending appeal, and the Supreme Court denied the appeal on May 27. On June 16, the Seventh Circuit affirmed. The plaintiffs sought en banc reh…

COVID-19 Summary: On May 7, two churches in Illinois sued the Governor of Illinois, seeking declaratory and injunctive relief against the Governor’s stay-at-home order and restoration plan, which limited gatherings to 10 or fewer people. The court denied the request for a TRO on May 13, the Seventh Circuit denied the plaintiff's request for an injunction pending appeal, and the Supreme Court denied the appeal on May 27. On June 16, the Seventh Circuit affirmed. The plaintiffs sought en banc rehearing, which was denied by the Seventh Circuit; a writ of certiorari was also denied by the Supreme Court on March 26, 2021. The district court granted a motion to dismiss on July 26, 2021 and the plaintiffs immediately appealed.


On May 7, the Elim Romanian Pentecostal Church and Logos Baptist Ministries filed this action against Governor J.B. Pritzker, seeking to overturn the restrictions on religious activities imposed by the stay-at-home order and his “Restore Illinois” plan. The plaintiffs brought this case in the U.S. District Court for the Northern District of Illinois as a declaratory action under 28 U.S.C. §§ 2201-02, and as an injunctive action under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act, and state law. Specifically, the two Chicago-area churches argued that the plan, which continues to limit in-person gatherings to 10 or fewer people for the first 3 phases and threatens criminal sanctions for noncompliance, was unconstitutional. The case was assigned to Judge Robert W. Gettleman and Magistrate Judge Judge Jeffrey I. Cummings.

On May 8, the plaintiffs sought a temporary restraining order (TRO) to prevent the government from enforcing the gathering orders, which would keep the plaintiffs and their congregants from being subject to criminal sanctions for hosting in-person worship services where they were implementing social distancing and hygiene protections.

On May 13, the district court denied the request for TRO and preliminary order, finding that “[t]he Order, without doubt, is rationally based in light of the need to slow the spread of COVID-19 in Illinois.” Judge Gettleman, pointing out that none of the those participating in the religious activity were wearing protective masks, claimed that the plaintiffs’ request and “blatant refusal to follow the mandates of the Order are both ill-founded and selfish.” 2020 WL 2468194. The plaintiffs appealed to the Seventh Circuit the next day requesting an injunction pending appeal, which was denied on May 16. 2020 WL 2517093. On May 27, the plaintiffs appealed to the U.S. Supreme Court.

On May 29, the Governor issued Executive Order 38, which superseded the Executive Order at issue. The new order removed the limitations on religious gatherings and specifically exempted the free exercise of religion from the restrictions outlined in the order. The defendants moved to dismiss the appeal the same day, claiming that the case has become moot as the restrictions underlying plaintiffs’ request for preliminary injunctive relief were no longer in effect. The same day, the U.S. Supreme Court denied the application for injunctive relief, citing a new public health guideline issued on May 28 by the Illinois Department of Health. 2020 WL 2781671.

On June 2, the defendant moved to stay pending appeal. The plaintiffs did not oppose the motion, and the court granted the stay on June 8.

On June 16, the Seventh Circuit affirmed the district court's denial of the injunction, finding that religious services were analogous to congregate functions that occur in auditoriums, such as concerts and movies. Such indoor activities put "members of multiple families close to one another for extended periods, while invisible droplets containing the virus may linger in the air." They stated that unlike some necessary activities, like meatpacking warehouses or care for the elderly, religious gatherings could alternatively happen through the internet, small worship gatherings, or drive-in services. Ultimately, they held that the new Executive Order had not discriminated against religion, and thus had not violated the First Amendment. 962 F.3d 341

The plaintiffs requested a rehearing en banc on July 10, which was denied by the entire Seventh Circuit panel on July 27. On September 3, the defendants requested a stay pending appeal, which the court granted; the stay was later extended until April 15, 2021. The plaintiffs filed writ of certiorari to the United States Supreme Court on October 22, 2020, which was denied on March 26, 2021.

On May 14, 2021 the defendant filed a motion to dismiss, arguing that the claims for injunctive relief were now moot, due to the executive order expiring in May 2020. Judge Gettleman agreed and dismissed the claims as moot on July 26, 2021, stating that there was no order in place and no credible threat of reinstatement warranting further protection of the court. The court also dismissed the plaintiffs' claims for damages, stating that they had waived their objections by not responding to the defendant's claims of sovereign and qualified immunity barring damages. The plaintiffs appealed the order the same day and the appeal remains ongoing. (Case No. 21-2523).

Summary Authors

Averyn Lee (9/14/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17159994/parties/elim-romanian-pentecostal-church-v-pritzker/


Judge(s)

Easterbrook, Frank Hoover (Illinois)

Gettleman, Robert William (Illinois)

Attorneys(s) for Plaintiff

Gannam, Roger K. (Florida)

Leahu, Sorin A. (Illinois)

Mauck, John W. (Illinois)

Mihet, Horatio G. (Florida)

Schmid, Daniel Joseph (Florida)

Staver, Mathew D. (Florida)

Attorneys(s) for Defendant

Bauer, Kelly C. (Illinois)

Dworkin, Hal (Illinois)

Judge(s)

Easterbrook, Frank Hoover (Illinois)

Gettleman, Robert William (Illinois)

Attorneys(s) for Plaintiff

Gannam, Roger K. (Florida)

Leahu, Sorin A. (Illinois)

Mauck, John W. (Illinois)

Mihet, Horatio G. (Florida)

Schmid, Daniel Joseph (Florida)

Staver, Mathew D. (Florida)

Attorneys(s) for Defendant

Bauer, Kelly C. (Illinois)

Dworkin, Hal (Illinois)

Gallo, Sarah Jeanne (Illinois)

Gupta, Priyanka (Illinois)

Helfrich, Gretchen (Illinois)

Hunger, Sarah Ann (Illinois)

Newman, Sarah Hughes (Illinois)

Notz, Jane Elinor (Illinois)

Raoul, Kwame (Illinois)

Rees, R. Douglas (Illinois)

Wells, Christopher Graham (Illinois)

Wichern, Nadine J (Illinois)

Other Attorney(s)

Azmi, Nimra H. (District of Columbia)

Katskee, Richard B. (District of Columbia)

Luchenitser, Alexander Joseph (District of Columbia)

Morris, Hal R (Illinois)

Solomon, Benna R. (Illinois)

Documents in the Clearinghouse

Document

1:20-cv-02782

20-01811

Docket [PACER]

Aug. 18, 2021

Aug. 18, 2021

Docket
1-11

1:20-cv-02782

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages (Part 3)

May 7, 2020

May 7, 2020

Complaint
1 (& 1-1 to 1-3)

1:20-cv-02782

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages (Part 1)

May 7, 2020

May 7, 2020

Complaint
1-3 to 1-11

1:20-cv-02782

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages (Part 2)

May 7, 2020

May 7, 2020

Complaint
1-11 to 1-14

1:20-cv-02782

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages (Part 4)

May 7, 2020

May 7, 2020

Complaint
1-14 to 1-22

1:20-cv-02782

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages (Part 5)

May 7, 2020

May 7, 2020

Complaint
5

1:20-cv-02782

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

May 8, 2020

May 8, 2020

Pleading / Motion / Brief
18

1:20-cv-02782

Plaintiffs' Response in Opposition to Motion to Transfer Venue and Reassign Case

May 9, 2020

May 9, 2020

Pleading / Motion / Brief
21

1:20-cv-02782

The Governor's Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

May 9, 2020

May 9, 2020

Pleading / Motion / Brief
25 (& 25-1 to 25-4)

1:20-cv-02782

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

May 10, 2020

May 10, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17159994/elim-romanian-pentecostal-church-v-pritzker/

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

ECF Number Description Date Link Date / Link
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 (ec, ) (Entered: 05/08/2020)

April 24, 2020

April 24, 2020

PACER
1

COMPLAINT for Emergency Temporary Restraining Order and Preliminary Injunction filed by Elim Romanian Pentecostal Church, Logos Baptist Ministries; Filing fee $ 400, receipt number 0752-16996654. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(Mihet, Horatio) (Entered: 05/07/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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May 7, 2020

May 7, 2020

RECAP
2

CIVIL Cover Sheet (Mihet, Horatio) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
3

Designation of Local Counsel by Elim Romanian Pentecostal Church, Logos Baptist Ministries (Mihet, Horatio) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
4

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for temporary restraining order and preliminary injunction and for emergency hearing (Mihet, Horatio) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

case assigned

May 8, 2020

May 8, 2020

PACER
5

MEMORANDUM by Elim Romanian Pentecostal Church, Logos Baptist Ministries in support of motion for temporary restraining order 4 and for preliminary injunction and emergency hearing (Mihet, Horatio) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
6

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for leave to file excess pages in Memorandum in Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction Instanter (Mihet, Horatio) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
7

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16996711. (Mihet, Horatio) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
8

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16996713. (Schmid, Daniel) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (td, )

May 8, 2020

May 8, 2020

PACER
10

MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is before Judge Dow as the emergency judge. Plaintiffs' motion for temporary restraining order and preliminary injunction [docket entry 769 on the emergency docket; docket entry 4 in the regular civil docket in Case No. 20-cv-2782] will be handled by Judge Gettleman, who is the assigned judge. The Clerk is directed to terminate the motion in the emergency docket and all further filings will be made in the regular civil docket. Counsel are directed to contact Judge Gettleman's Courtroom Deputy, Claire Newman (Claire_Newman@ilnd.uscourts.gov) with any inquiries. Mailed notice (cdh, ) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
11

ATTORNEY Appearance for Defendant Jay Robert Pritzker by R. Douglas Rees (Rees, R.) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
12

ATTORNEY Appearance for Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries by Sorin Adrian Leahu (Leahu, Sorin) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
13

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs have filed a motion for temporary restraining order ("TRO") and preliminary injunction 4 seeking to temporarily and preliminarily enjoin what plaintiffs refer to as defendant's "Gathering Orders" so that plaintiffs can begin conducting in-person religious services for more than 10 people beginning Sunday, May 10, 2020. Defendant is directed to file a response to the motion on or before 5:00 p.m., May 9, 2020. Plaintiffs may file a reply on or before 5:00 p.m., May 10, 2020. Due to the timing of the filing of the complaint and motion by plaintiffs (at approximately 11:15 p.m. May 7, 2020), and the briefing schedule set by the court, the court declines to issue a TRO with respect to this Sunday's May 10, 2020 religious services. The court will consider the remainder of the motion after receiving the parties' briefs. Plaintiffs' motion for leave to file excess pages in their memorandum of law in support of motion for temporary restraining order and preliminary injunction instanter 6 and attorneys Horatio G. Mihet 7 and Daniel J. Schmid's 8 motions to appear pro hac vice are granted. Mailed notice (cn). (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
14

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Kelly C. Bauer (Bauer, Kelly) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
15

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Hal Dworkin (Dworkin, Hal) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
16

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Christopher Graham Wells (Wells, Christopher) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
17

MOTION by Defendant Jay Robert Pritzker to transfer case and reassign as a related case (Wells, Christopher) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
18

RESPONSE by Elim Romanian Pentecostal Church, Logos Baptist Ministriesin Opposition to MOTION by Defendant Jay Robert Pritzker to transfer case and reassign as a related case 17 (Schmid, Daniel) (Entered: 05/09/2020)

May 9, 2020

May 9, 2020

PACER
19

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Sarah Jeanne Gallo (Gallo, Sarah) (Entered: 05/09/2020)

May 9, 2020

May 9, 2020

PACER
20

MOTION by Defendant Jay Robert Pritzker for leave to file excess pages in opposition to Plaintiffs' motion for temporary restraining order and preliminary injunction (Rees, R.) (Entered: 05/09/2020)

May 9, 2020

May 9, 2020

PACER
21

RESPONSE by Jay Robert Pritzkerin Opposition to MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for temporary restraining order and preliminary injunction and for emergency hearing 4 (Wells, Christopher) (Entered: 05/09/2020)

May 9, 2020

May 9, 2020

PACER
22

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Sarah Hughes Newman (Newman, Sarah) (Entered: 05/09/2020)

May 9, 2020

May 9, 2020

PACER
23

ORDER Signed by the Honorable Robert W. Gettleman on 5/10/2020: For the reasons described in the attached ORDER, defendant's Motion to Transfer and Reassign Case (Doc. 17 ) is denied. Mailed notice (cn). (Entered: 05/10/2020)

May 10, 2020

May 10, 2020

RECAP
24

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for leave to file excess pages instanter (Schmid, Daniel) (Entered: 05/10/2020)

May 10, 2020

May 10, 2020

PACER
25

REPLY by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries to motion for temporary restraining order 4 (Attachments: # 1 Exhibit A - Sixth Circuit Injunction Pending Appeal as to In-Person Gatherings, # 2 Exhibit B - Western District of Kentucky Injunction Pending Appeal Concerning In-Person Services, # 3 Exhibit C - Eastern District of Kentucky Temporary Restraining Order, # 4 Exhibit D - Supplemental Declaration of Pastor Cristian Ionescu)(Schmid, Daniel) (Entered: 05/10/2020)

1 Exhibit A - Sixth Circuit Injunction Pending Appeal as to In-Person Gatherings

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2 Exhibit B - Western District of Kentucky Injunction Pending Appeal Concerning In

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3 Exhibit C - Eastern District of Kentucky Temporary Restraining Order

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4 Exhibit D - Supplemental Declaration of Pastor Cristian Ionescu

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May 10, 2020

May 10, 2020

PACER
26

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for leave to file Corrected Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction (Schmid, Daniel) (Entered: 05/10/2020)

May 10, 2020

May 10, 2020

PACER
27

REPLY by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries to motion for temporary restraining order 4 Amended Reply (Attachments: # 1 Exhibit A - Sixth Circuit Injunction Pending Appeal as to In-Person Gatherings, # 2 Exhibit B - Western District of Kentucky Injunction Pending Appeal Concerning In-Person Services, # 3 Exhibit C - Eastern District of Kentucky Temporary Restraining Order, # 4 Exhibit D - Supplemental Declaration of Pastor Cristian Ionescu)(Schmid, Daniel) (Entered: 05/10/2020)

1 Exhibit A - Sixth Circuit Injunction Pending Appeal as to In-Person Gatherings

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2 Exhibit B - Western District of Kentucky Injunction Pending Appeal Concerning In

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3 Exhibit C - Eastern District of Kentucky Temporary Restraining Order

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4 Exhibit D - Supplemental Declaration of Pastor Cristian Ionescu

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May 10, 2020

May 10, 2020

PACER
28

MINUTE entry before the Honorable Robert W. Gettleman: The governor's motion for leave to file overlength brief instanter 20, plaintiffs' motion for leave to file excess pages in their reply memorandum of law in support of motion for temporary restraining order and preliminary injunction instanter 24, and plaintiffs' motion for leave to file corrected reply with table of contents and table of authorities 26 are granted. Mailed notice (cn). (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
29

MINUTE entry before the Honorable Robert W. Gettleman: Defendant Governor J Pritzker is given leave to file a supplemental sur-reply on or before noon, May 12, 2020, responding to the additional factual and legal arguments contained in plaintiffs' amended reply brief 27 . No further briefs concerning the instant motion for a TRO and preliminary injunction will be accepted by the court. Mailed notice (cn). (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
30

SUR-REPLY by Defendant Jay Robert Pritzker to text entry, 29, motion for temporary restraining order 4 (Attachments: # 1 Exhibit Exhibit A - 5-10-20 Chicago Sun-Times Article)(Wells, Christopher) (Entered: 05/12/2020)

1 Exhibit Exhibit A - 5-10-20 Chicago Sun-Times Article

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May 12, 2020

May 12, 2020

PACER

summons issued

May 12, 2020

May 12, 2020

PACER

SUMMONS Issued as to Defendant Jay Robert Pritzker. (ng, )

May 12, 2020

May 12, 2020

PACER
31

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for leave to file Second Supplemental Declaration of Pastor Cristian Ionescu in Support of TRO/PI Motion (Attachments: # 1 Exhibit A - Second Supplemental Declaration of Pastor Cristian Ionescu in Support of TRO/PI Motion)(Mihet, Horatio) (Entered: 05/12/2020)

1 Exhibit A - Second Supplemental Declaration of Pastor Cristian Ionescu in Suppor

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May 12, 2020

May 12, 2020

PACER
32

SUMMONS RETURNED EXECUTED filed by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries regarding Complaint, Motion for Temporary Restraining Order and Preliminary Injunction, Summons served on Governor Jay Robert Pritzker on 5/12/2020 (Schmid, Daniel) (Docket Text Modified by Clerks Office on 5/13/2020 (ec), ). (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
33

MEMORANDUM Opinion and Order signed by the Honorable Robert W. Gettleman on 5/13/2020: Plaintiffs' motion for leave to file second supplemental declaration 31 is granted. For the reasons set forth in the attached Memorandum Opinion and Order, plaintiffs' motion for temporary restraining order and preliminary injunction (Doc. 4 ) is denied. Mailed notice (cn). (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

RECAP
34

NOTICE of appeal by Elim Romanian Pentecostal Church, Logos Baptist Ministries regarding orders 33 Filing fee $ 505, receipt number 0752-17009611. Receipt number: n (Schmid, Daniel) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

RECAP
35

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17009707. (Attachments: # 1 Addendum - Courts Admitted)(Gannam, Roger) (Entered: 05/13/2020)

1 Addendum - Courts Admitted

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May 13, 2020

May 13, 2020

PACER
36

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist MinistriesEmergency Injunction Pending Appeal (Mihet, Horatio) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
37

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 34 (ec, ) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
38

TRANSMITTED to the 7th Circuit the short record on notice of appeal 34 . Notified counsel (ec, ) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
39

MINUTE entry before the Honorable Robert W. Gettleman: For the reasons set forth in this court's Memorandum Opinion and Order 33, Plaintiffs' emergency motion for injunction pending appeal and supporting memorandum 36 is denied. Attorney Roger K. Gannam's motion to appear pro hac vice is granted. Mailed notice (cn). (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
40

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 34 ; USCA Case No. 20-1811 (ec, ) (Entered: 05/15/2020)

May 14, 2020

May 14, 2020

PACER
41

ORDER dated 5/16/2020 from the 7th Circuit regarding notice of appeal 34 ; Appellate case no.: 20-1811: Accordingly, IT IS FINALLY ORDERED that plaintiffs-appellants' motion to strike is DENIED. The defendant-appellee is GRANTED leave to file his overlength response, which was prepared and filed in less than 12 hours in accordance with this court's order. (ec,) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

RECAP
42

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
43

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Gretchen Elizabeth Helfrich (Helfrich, Gretchen) (PDF not legible) Modified on 5/29/2020 (aee, ). (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
44

NOTICE by Gretchen Elizabeth Helfrich of Change of Address (Helfrich, Gretchen) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
45

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Gretchen Elizabeth Helfrich Refiled (Helfrich, Gretchen) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
46

MOTION by Defendant Jay Robert Pritzker to stay pending appeal (Wells, Christopher) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
47

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs are directed to respond to the Governor's motion to stay these proceedings pending appeal 46 on or before 6/8/2020; defendant may reply on or before 6/11/2020. The court will rule via CM/ECF. Mailed notice (cn). (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
48

RESPONSE by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries to motion to stay 46, set motion and R&R deadlines/hearings, 47 (Mihet, Horatio) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
49

MINUTE entry before the Honorable Robert W. Gettleman: By agreement of the parties, the Governor's motion to stay these proceedings pending appeal 46 is granted. This case is stayed pending termination of the matters currently on appeal. Mailed notice (cn). (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
50

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
51

CERTIFIED COPY OF USCA JUDGMENT dated 6/16/20 regarding notice of appeal 34 ; USCA No. 20-1811. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (aee, ) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
52

CERTIFIED copy of order dated 7/27/20 from the 7th Circuit regarding notice of appeal 34 ; Appellate case no. : 20-1811. Plaintiffs-Appellants filed a petition for rehearing and rehearing en banc on July 10, 2020. No judge in regular active service has requested a vote on the petition for rehearing en banc, and all of the judges on the panel have voted to deny rehearing. The petition for rehearing is therefore DENIED. (aee, ) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
53

MANDATE of USCA dated 8/4/20 regarding notice of appeal 34 ;USCA No.20-1811 ; No record to be returned. (aee, ) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
54

MOTION by Defendant Jay Robert Pritzker to stay pending appeal (agreed motion) (Rees, R.) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
55

MINUTE entry before the Honorable Robert W. Gettleman: Defendant Pritzker's agreed motion to stay pending appeal 54 is granted. Defendant's responsive pleading is due the latter of October 5, 2020 or 30 days after Plaintiffs' petition for certiorari is resolved. Mailed notice (cn). (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
56

MOTION by Attorney Sorin A. Leahu to withdraw as attorney for Elim Romanian Pentecostal Church, Logos Baptist Ministries. No party information provided (Leahu, Sorin) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
57

ATTORNEY Appearance for Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries by John W Mauck (Mauck, John) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
58

MINUTE entry before the Honorable Robert W. Gettleman: Motion to withdraw attorney Sorin A. Leahu as counsel for plaintiff 56 is granted. Mailed notice (cn). (Entered: 10/17/2020)

Oct. 17, 2020

Oct. 17, 2020

PACER
59

MINUTE entry before the Honorable Robert W. Gettleman: The parties are directed to file a Joint Status Report on or before 1/28/2021. Mailed notice (cn). (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
60

STATUS Report by Elim Romanian Pentecostal Church, Logos Baptist Ministries (Schmid, Daniel) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
61

MINUTE entry before the Honorable Robert W. Gettleman: In light of the parties' joint status report filed on 1/27/2021 60, the parties are directed to file a Joint Status Report on or before 4/15/2021. This case remains stayed until 4/15/2021 or further order of court. Mailed notice (cn). (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
62

ENTERED IN ERROR. (jh, ) Modified on 3/25/2021 (jh, ). (Entered: 03/24/2021)

March 23, 2021

March 23, 2021

PACER
63

NOTICE of Correction regarding 62 . (jh, ) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
64

STATUS Report by Elim Romanian Pentecostal Church, Logos Baptist Ministries (Schmid, Daniel) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
65

MINUTE entry before the Honorable Robert W. Gettleman: In light of the parties' Joint Status Report 64 the court grants the parties' request to lift the stay entered on 1/28/2021 61 . Defendant's responsive pleading due by 5/14/2021. Telephonic status hearing set for 5/20/2021 at 9:30 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
66

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Alex Hemmer (Hemmer, Alex) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
67

MOTION by Defendant Jay Robert Pritzker to dismiss (Hemmer, Alex) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

RECAP
68

MEMORANDUM by Jay Robert Pritzker in support of motion to dismiss 67 (Hemmer, Alex) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
69

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic motion hearing held on 5/20/2021. The court sets the following briefing schedule on defendant's motion to dismiss 67 : plaintiff's response due by 5/28/2021; defendant's reply due 6/10/2021. The court will issue its ruling via CM/ECF. Mailed notice (cn). (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
70

RESPONSE by Elim Romanian Pentecostal Church, Logos Baptist Ministriesin Opposition to MOTION by Defendant Jay Robert Pritzker to dismiss 67 (Attachments: # 1 Exhibit A - Permanent Injunction in Harvest Rock Church v. Newsom)(Schmid, Daniel) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
71

REPLY by Jay Robert Pritzker to MOTION by Defendant Jay Robert Pritzker to dismiss 67, response in opposition to motion, 70 (Hemmer, Alex) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
72

MEMORANDUM Opinion and Order signed by the Honorable Robert W. Gettleman on 7/26/2021: For the reasons set forth in the attached Opinion and Order, defendant's motion to dismiss 67 is granted. Civil case terminated. Mailed notice (cn). (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

RECAP
73

ENTERED JUDGMENT on 7/26/2021. Mailed notice (cn). (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
74

NOTICE of appeal by Elim Romanian Pentecostal Church, Logos Baptist Ministries regarding orders 72, 73 Filing fee $ 505, receipt number 0752-18497041. Receipt number: n (Schmid, Daniel) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
75

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 74 (daj, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
76

TRANSMITTED to the 7th Circuit the short record on notice of appeal 74 . Notified counsel (daj, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
77

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 74 ; USCA Case No. 21-2523 (daj, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 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: May 7, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two churches in Illinois seeking injunction against the Governor's stay-at-home order and restoration plan preventing large gatherings

Plaintiff Type(s):

Non-profit religious organization

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Illinois, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

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

Constitutional Clause(s):

Establishment Clause

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Religious programs / policies

Discrimination-basis:

Religion discrimination