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Case: Fight Back Fund v. State Board of Elections

1:20-cv-02791 | U.S. District Court for the Northern District of Illinois

Filed Date: May 8, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of September 5, 2020, The Collective Bargaining Freedom Act became law in Illinois in April 2019. That Act provides that the authority to enact laws / rules restricting the use of union security agreements vests exclusively with the Illinois General Assembly. Plaintiffs support Illinois House Joint Resolution Constitutional A…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of September 5, 2020,

The Collective Bargaining Freedom Act became law in Illinois in April 2019. That Act provides that the authority to enact laws / rules restricting the use of union security agreements vests exclusively with the Illinois General Assembly. Plaintiffs support Illinois House Joint Resolution Constitutional Amendment (HJRCA) 37 (or Collective Bargaining Freedom Amendment), which proposes an amendment to the state constitution prohibiting laws that restrict or interfere with workers right to, among other things, to prohibit / restrict the right of private sector employers and employees to enter into and administer union security agreements. In order for constitutional amendments to make the ballot, Illinois state constitution (Art XIV, Section 2) requires satisfaction of one of three procedures, of which a constitutional convention or 3/5 vote of the general assembly at least 6 months prior to the next election, and for the amendment to be published to voters 1 month prior to the election, is one. The Collective Bargaining Freedom Amendment was introduce in January 2020 but then the state's response to the COVID-19 pandemic resulted in the cancellation of a number of legislative sessions, and it became impossible for the amendment to satisfy the 6-month requirement. The Plaintiffs and other citizens of Illinois allege they lost their rights to petition for the advance of the amendment, and this constituted a violation of their rights under the state constitution (unreasonably restricting right to associate for political purposes and access to being on the ball and to have the opportunity to vote on the amendment) and the 1st and 4th amendments to the US constitution (unreasonably restricting associational and voting rights). The judge denied the TRO without prejudice as premature in May 2020, as it was then possible for the General Assembly to adopt the amendment proposal during its then current legislative session. In June 2020, the Plaintiffs voluntarily dismissed the case without prejudice.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18361978/parties/fight-back-fund-v-illinois-state-board-of-elections/


Judge(s)

Norgle, Charles Ronald Sr. (Illinois)

Attorneys(s) for Plaintiff

Paszta, Robert A (Illinois)

Pierson, Dale (Illinois)

Principe, Kara M (Illinois)

Sweeney, Joseph (Illinois)

Attorneys(s) for Defendant

Dierkes, Michael T. (Illinois)

Walsh, Erin (Illinois)

Judge(s)

Norgle, Charles Ronald Sr. (Illinois)

Attorneys(s) for Plaintiff

Paszta, Robert A (Illinois)

Pierson, Dale (Illinois)

Principe, Kara M (Illinois)

Sweeney, Joseph (Illinois)

Attorneys(s) for Defendant

Dierkes, Michael T. (Illinois)

Walsh, Erin (Illinois)

Documents in the Clearinghouse

Document

1:20-cv-02791

Docket [PACER]

Fight Back Fund v. Illinois State Board of Elections

July 27, 2020

July 27, 2020

Docket
1

1:20-cv-02791

Verified Complaint for Declaratory and Injunctive Relief

Fight Back Fund v. Illinois State Board of Elections

May 8, 2020

May 8, 2020

Complaint
26

1:20-cv-02791

Plaintiff's Notice of Voluntary Dismissal;

Fight Back Fund v. Illinois State Board of Elections

June 30, 2020

June 30, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18361978/fight-back-fund-v-illinois-state-board-of-elections/

Last updated Sept. 18, 2022, 11:55 a.m.

ECF Number Description Date Link Date / Link
7

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 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 (rc, ) (Entered: 05/08/2020)

April 24, 2020

April 24, 2020

PACER
1

COMPLAINT filed by James M. Sweeney, International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund; Filing fee $ 400, receipt number 0752-16997685.(Pierson, Dale) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

Clearinghouse
2

CIVIL Cover Sheet (Pierson, Dale) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
3

ATTORNEY Appearance for Plaintiffs Fight Back Fund, International Union of Operating Engineers, Local 150, AFL-CIO, James M. Sweeney by Dale D. Pierson (Pierson, Dale) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
4

ATTORNEY Appearance for Plaintiffs Fight Back Fund, International Union of Operating Engineers, Local 150, AFL-CIO, James M. Sweeney by Robert A Paszta (Paszta, Robert) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
5

ATTORNEY Appearance for Plaintiffs Fight Back Fund, International Union of Operating Engineers, Local 150, AFL-CIO, James M. Sweeney by Joseph Patrick Sweeney, Senio (Sweeney, Joseph) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
6

ATTORNEY Appearance for Plaintiffs Fight Back Fund, International Union of Operating Engineers, Local 150, AFL-CIO, James M. Sweeney by Kara Michelle Pomerantz Principe (Pomerantz Principe, Kara) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (txl, )

May 8, 2020

May 8, 2020

PACER

SUMMONS Issued as to Defendants William J. Cadigan, Laura K. Donahue, William R. Haine, Illinois State Board of Elections, Ian K. Linnabary, William M. McGuffage, Katherine S. O'Brien, Charles W. Scholz, Cassandra B. Watson, Jesse White (dxb, )

May 8, 2020

May 8, 2020

PACER
8

MOTION by Plaintiffs Fight Back Fund, International Union of Operating Engineers, Local 150, AFL-CIO, James M. Sweeney for preliminary injunction and Temporary Restraining Order (Pierson, Dale) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
9

MEMORANDUM by Fight Back Fund, International Union of Operating Engineers, Local 150, AFL-CIO, James M. Sweeney in support of motion for preliminary injunction 8 and Temporary Restraining Order (Pierson, Dale) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
10

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone hearing on Plaintiffs Fight Back Fund, International Union of Operating Engineers, Local 150, AFL-CIO, and James M. Sweeney's motion for preliminary injunction and Temporary Restraining Order 8 set for 5/19/2020 at 2:00 p.m. The Court will entertain this motion only after proper service on Defendants. Parties shall contact Judge Pallmeyer's courtroom deputy for the call-in number. Notice mailed by judge's staff (ntf, ) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
11

ATTORNEY Appearance for Defendant Jesse White by Michael T. Dierkes (Dierkes, Michael) (Entered: 05/16/2020)

May 16, 2020

May 16, 2020

PACER
12

ATTORNEY Appearance for Defendants William J. Cadigan, Laura K. Donahue, William R. Haine, Illinois State Board of Elections, Ian K. Linnabary, William M. McGuffage, Katherine S. O'Brien, Charles W. Scholz, Cassandra B. Watson by Erin Walsh (Walsh, Erin) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
13

WAIVER OF SERVICE returned executed by James M. Sweeney, International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. Jesse White waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
14

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held by telephone. For the reasons stated on the record, Plaintiffs Fight Back Fund, International Union of Operating Engineers, Local 150, AFL-CIO, and James M. Sweeney's motion for preliminary injunction and Temporary Restraining Order 8 is denied without prejudice as premature. Should the General Assembly adopt Plaintiffs' proposal in its current session, Plaintiffs will be free to renew their motion to compel Defendants to ensure that the amendment is on the November ballot. The court expresses no opinion on any defenses that Defendants may raise, should the motion be renewed. Notice mailed by judge's staff (ntf, ) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
15

TRANSCRIPT OF PROCEEDINGS held on 05/19/2020 before the Honorable Rebecca R. Pallmeyer. Order Number: 38519. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR, Official Court Reporter. judith_walsh@ilnd.uscourts.gov. Order transcript at www.ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020. (Walsh, Judy) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
16

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
17

WAIVER OF SERVICE returned executed by International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. Charles W. Scholz waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
18

WAIVER OF SERVICE returned executed by International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. Katherine S. O'Brien waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
19

WAIVER OF SERVICE returned executed by International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. William M. McGuffage waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
20

WAIVER OF SERVICE returned executed by International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. Ian K. Linnabary waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
21

WAIVER OF SERVICE returned executed by International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. William R. Haine waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
22

WAIVER OF SERVICE returned executed by International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. William J. Cadigan waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
23

WAIVER OF SERVICE returned executed by International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. Illinois State Board of Elections waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
24

WAIVER OF SERVICE returned executed by International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. Laura K. Donahue waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
25

WAIVER OF SERVICE returned executed by International Union of Operating Engineers, Local 150, AFL-CIO, Fight Back Fund. Cassandra B. Watson waiver sent on 5/18/2020, answer due 7/17/2020. (Pierson, Dale) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
26

NOTICE of Voluntary Dismissal by All Plaintiffs [Pursuant to Rule 41(a)(1)(A)(i)] (Pierson, Dale) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

Clearinghouse
27

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
28

MINUTE entry before the Honorable Charles R. Norgle:Civil case terminated 26 . Mailed notice (ewf, ) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 8, 2020

Case Ongoing: Yes