Case: American Council of the Blind of Metropolitan Chicago v. Chicago

1:19-cv-06322 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 23, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action lawsuit alleged that the City of Chicago’s failure to equip signalized street intersections with accessible pedestrian signals (ASPs) constituted illegal discrimination against Chicago’s blind residents and visitors. ASPs are used by blind pedestrians to travel safely at intersections. In municipalities which have installed ASPs, blind pedestrians can receive information and warnings about oncoming traffic by listening to the sounds played by the signal (e.g. “Walk sign is on”…

This class action lawsuit alleged that the City of Chicago’s failure to equip signalized street intersections with accessible pedestrian signals (ASPs) constituted illegal discrimination against Chicago’s blind residents and visitors.

ASPs are used by blind pedestrians to travel safely at intersections. In municipalities which have installed ASPs, blind pedestrians can receive information and warnings about oncoming traffic by listening to the sounds played by the signal (e.g. “Walk sign is on”) or by holding a button at the intersection which will vibrate to communicate the same information that seeing persons can read on pedestrian signals. According to the plaintiffs, of the over 2,500 signalized traffic intersections in Chicago, only 11 communicate information to people with vision related disabilities.

On September 23, 2019, plaintiffs filed this lawsuit in the U.S. District Court for the Northern District of Illinois (in Chicago). An amended complaint was filed on October 3, 2019. The plaintiffs included three named blind individuals and a non-profit organization American Council of the Blind of Metropolitan Chicago (ACBMC). The plaintiffs sought to represent a class of all persons with vision-related disabilities who use, or seek to use, pedestrian signals in Chicago. The plaintiffs estimated that the putative class consisted of over 60,000 Chicago residents and also encompassed many more legally or completely blind people who visit or commute to Chicago every year. In the amended complaint, the plaintiffs named the City of Chicago, the Chicago Department of Transportation, Chicago Mayor Lori Lightfoot in her official capacity, and Acting Commissioner of the Chicago Department of Transportation Thomas Carney in his official capacity, as defendants.

Represented by Disability Rights Advocates and private counsel, the plaintiffs sought injunctive and declaratory relief. The lawsuit was brought under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The crux of the ADA claim was that the City of Chicago’s management of its street crossing signals violated its statutory non-discrimination duty to operate “programs, services, or activities” in a way that is readily accessible to and usable by people with disabilities. The Section 504 claim was based on the fact that the City of Chicago receives federal financial assistance and the law mandates that no individual shall “solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. § 794(a).

In response to a motion to dismiss by the Defendants, District Judge Elaine Bucklo issued an order dated March 9, 2020, dismissing claims against the Chicago Department of Transportation, Mayor Lightfoot, and Acting Commissioner Carney. In the same order, the judge also struck the plaintiffs’ claims based on violations affecting only deaf or blind-deaf individuals. The remainder of the motion to dismiss was denied.

Amidst discovery proceedings, the U.S. Department of Justice filed a Complaint in Intervention on April 14, 2021. The DOJ complaint reasserts many of ACBMC’s allegations but, importantly, introduces a demand for compensatory damages from injuries caused by Chicago’s failure to comply with Title II and Section 504.

With the DOJ’s involvement in the case, fact discovery was extended until September 30, 2021, and expert discovery till January 31, 2022. Dispositive motions and accompanying memoranda following discovery were set for a due date of February 22, 2022.

Summary Authors

Esteban Woo Kee (6/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16232945/parties/american-council-of-the-blind-of-metropolitan-chicago-v-city-of-chicago/


Judge(s)

Bucklo, Elaine E. (Illinois)

Attorneys(s) for Plaintiff

Brandt-Young, Christina (New York)

Caiola, Michelle Anne (New York)

Kolic, Jelena (Illinois)

Morris, Holly Renae (Illinois)

Telman, Nigel F (Illinois)

Young, Edward Chester (Illinois)

Attorneys(s) for Defendant

Caplin, Laura Elizabeth (Illinois)

Cavanaugh, Peter Hardt (Illinois)

Hansberry, John C (Pennsylvania)

Judge(s)

Bucklo, Elaine E. (Illinois)

Attorneys(s) for Plaintiff

Brandt-Young, Christina (New York)

Caiola, Michelle Anne (New York)

Kolic, Jelena (Illinois)

Morris, Holly Renae (Illinois)

Telman, Nigel F (Illinois)

Young, Edward Chester (Illinois)

Attorneys(s) for Defendant

Caplin, Laura Elizabeth (Illinois)

Cavanaugh, Peter Hardt (Illinois)

Hansberry, John C (Pennsylvania)

Marketich, Nathan J (Pennsylvania)

Mine, Andrew S. (Illinois)

Payne, Matthew Scot (Illinois)

Other Attorney(s)

Bond, Rebecca B. (District of Columbia)

Faiella, Matthew (District of Columbia)

Friel, Gregory (District of Columbia)

Johnson, Patrick Walter (Illinois)

Karlan, Pamela S (District of Columbia)

Lausch, John R. (Illinois)

Maisels, Amanda (District of Columbia)

North, Sarah J (Illinois)

Wolfe, Kathleen P. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

American Council of The Blind of Metropolitan Chicago v. City of Chicago

May 24, 2021 Docket
1

Complaint

American Council of the Blind of Metropolitan Chicago v. City of Chicago

Sept. 23, 2019 Complaint
15

First Amended Complaint

American Council of the Blind of Metropolitan Chicago v. City of Chicago

Oct. 3, 2019 Complaint
43

Memorandum Opinion and Order

American Council of the Blind of Metropolitan Chicago v. City of Chicago

461 F.Supp.3d 820

March 9, 2020 Order/Opinion
74

United States' Unopposed Motion to Intervene as a Plaintiff

April 8, 2021 Pleading / Motion / Brief
78

Complaint in Intervention of the United States of America

American Council of the Blind of Metropolitan Chicago v. City of Chicago

April 14, 2021 Complaint

Resources

Title Description External URL

Justice Department Moves to Intervene in Disability Discrimination Suit Against City of Chicago Regarding Pedestrians with Visual Disabilities

Department of Justice

The Justice Department today moved to intervene in a disability discrimination lawsuit that private plaintiffs with visual disabilities brought against the City of Chicago under the Americans with Di… April 8, 2021 https://www.justice.gov/opa/pr/justice-department-moves-intervene-disability-discrimination-suit-against-city-chicago

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16232945/american-council-of-the-blind-of-metropolitan-chicago-v-city-of-chicago/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell; Filing fee $ 400, receipt number 0752-16262034.(Telman, Nigel) (Entered: 09/23/2019)

Sept. 23, 2019 RECAP

case assigned

Sept. 23, 2019 PACER
2

CIVIL Cover Sheet (Telman, Nigel) (Entered: 09/23/2019)

Sept. 23, 2019 PACER
3

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Nigel F. Telman (Telman, Nigel) (Entered: 09/23/2019)

Sept. 23, 2019 PACER

summons issued

Sept. 23, 2019 PACER
4

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Edward Chester Young (Young, Edward) (Entered: 09/23/2019)

Sept. 23, 2019 PACER
5

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Holly Renae Morris (Morris, Holly) (Entered: 09/23/2019)

Sept. 23, 2019 PACER

CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (td, )

Sept. 23, 2019 PACER

SUMMONS Issued as to Defendants Chicago Department of Transportation, City of Chicago, Thomas Carney(mc, )

Sept. 23, 2019 PACER

SUMMONS Issued as to Defendant Lori Lightfoot (mc, )

Sept. 23, 2019 PACER
6

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16265990. (Caiola, Michelle) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
7

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16266005. (Brandt-Young, Christina) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
8

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Jelena Kolic (Kolic, Jelena) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
9

SUMMONS Returned Executed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell as to City of Chicago on 9/24/2019, answer due 10/15/2019. (Telman, Nigel) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
10

SUMMONS Returned Executed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell as to Chicago Department of Transportation on 9/24/2019, answer due 10/15/2019. (Telman, Nigel) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
11

SUMMONS Returned Executed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell as to Lori Lightfoot, in her official capacity as Mayor of the City of Chicago on 9/24/2019, answer due 10/15/2019. (Telman, Nigel) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
12

SUMMONS Returned Executed by Maureen Heneghan, Ann Brash, American Council of The Blind of Metropolitan Chicago, Ray Campbell as to Thomas Carney, in his official capacity as Acting Commissioner of the Chicago Department of Transportation on 9/24/2019, answer due 10/15/2019. (Telman, Nigel) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
13

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jh, ) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
14

MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling Conference set for 1/17/2020 at 09:30 AM. Rule 26(f) planning report re MIDP due 1/14/2020. The report must comply with the requirements of the Mandatory Initial Discovery Pilot program of the district court. The report form can be found on Judge Bucklo's page at www.ilnd.uscourts.gov. Mailed notice (reg) (Entered: 10/02/2019)

Oct. 2, 2019 PACER
15

First AMENDED complaint by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash against All Defendants (Telman, Nigel) (Entered: 10/03/2019)

Oct. 3, 2019 PACER

ALIAS Summons Issued as to Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot. (jg, )

Oct. 4, 2019 PACER

alias summons issued

Oct. 4, 2019 PACER
16

SUMMONS Returned Executed by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash as to Lori Lightfoot on 10/7/2019, answer due 10/28/2019. (Telman, Nigel) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
17

SUMMONS Returned Executed by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash as to City of Chicago on 10/7/2019, answer due 10/28/2019. (Telman, Nigel) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
18

SUMMONS Returned Executed by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash as to Chicago Department of Transportation on 10/7/2019, answer due 10/28/2019. (Telman, Nigel) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
19

SUMMONS Returned Executed by Ray Campbell, American Council of The Blind of Metropolitan Chicago, Maureen Heneghan, Ann Brash as to Thomas Carney on 10/7/2019, answer due 10/28/2019. (Telman, Nigel) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
20

MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling conference set for 1/31/2020 at 09:30 AM. Rule 26(f) planning report re MIDP due 1/28/2020. The report must comply with the requirements of the Mandatory Initial Discovery Pilot program of the district court. The report form can be found on Judge Bucklo's page at www.ilnd.uscourts.gov. Mailed notice (reg) (Entered: 10/11/2019)

Oct. 11, 2019 PACER
21

MINUTE entry before the Honorable Elaine E. Bucklo: Application to appear pro hac vice 6 of Michelle Caiola is withdrawn. Ms. Caiola is admitted to practice in the Northern District of Illinois. Application to appear pro hac vice of Christina Brandt-Young as counsel for plaintiffs 7 is granted. Counsel is directed to file their appearance. The scheduling conference set for 1/17/2020 is stricken, the scheduling conference set for 1/31/2020 to stand. Mailed notice. (mgh, ) (Entered: 10/17/2019)

Oct. 17, 2019 PACER
22

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Michelle Caiola (Caiola, Michelle) (Entered: 10/28/2019)

Oct. 28, 2019 PACER
23

ATTORNEY Appearance for Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan by Christina Brandt-Young (Brandt-Young, Christina) (Entered: 10/28/2019)

Oct. 28, 2019 PACER
24

ATTORNEY Appearance for Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot by Peter Hardt Cavanaugh (Cavanaugh, Peter) (Entered: 10/28/2019)

Oct. 28, 2019 PACER
25

MOTION by Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot for extension of time (Cavanaugh, Peter) (Entered: 10/28/2019)

Oct. 28, 2019 PACER
26

NOTICE of Motion by Peter Hardt Cavanaugh for presentment of extension of time 25 before Honorable Elaine E. Bucklo on 11/1/2019 at 09:30 AM. (Cavanaugh, Peter) (Entered: 10/28/2019)

Oct. 28, 2019 PACER
27

MINUTE entry before the Honorable Elaine E. Bucklo: Defendants' motion for an extension of time to answer or otherwise plead in response to plaintiffs' amended complaint up to and including 12/12/19 25 is granted. Motion hearing set for 11/1/19 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 10/31/2019)

Oct. 31, 2019 PACER
28

ATTORNEY Appearance for Defendant City of Chicago by Matthew Scot Payne (Payne, Matthew) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
29

ATTORNEY Appearance for Defendant City of Chicago by Laura Elizabeth Caplin (Caplin, Laura) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
30

MOTION by Defendant City of Chicago for extension of time Agreed to Motion for an Extension of Time to Answer or Otherwise Plead in Response to Plaintiffs' Amended Complaint (Payne, Matthew) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
31

Notice of Agreed to Motion for an Extension of Time to Answer or Otherwise Plead in Response to Plaintiffs' Amended Complaint NOTICE of Motion by Matthew Scot Payne for presentment of extension of time 30 before Honorable Elaine E. Bucklo on 12/18/2019 at 09:30 AM. (Payne, Matthew) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
32

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16519911. (Hansberry, John) (Entered: 12/11/2019)

Dec. 11, 2019 PACER
33

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16520001. (Marketich, Nathan) (Entered: 12/11/2019)

Dec. 11, 2019 PACER
34

MINUTE entry before the Honorable Elaine E. Bucklo: Agreed motion for extension of time to 1/02/2020 to respond to plaintiffs' amended complaint 30 is granted. Scheduling conference re MIDP previously set for 1/31/2020 to stand. Motions of John Hansberry and Nathan Marketich to appear pro hac vice 32 and 33 are granted. Mailed notice (reg) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
35

ATTORNEY Appearance for Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot by Andrew S. Mine (Mine, Andrew) (Entered: 01/02/2020)

Jan. 2, 2020 PACER
36

MOTION by Defendants Chicago Department of Transportation, Thomas Carney, Lori Lightfoot, City of Chicago to dismiss Partial Motion to Dismiss First Amended Complaint (Payne, Matthew) (Entered: 01/02/2020)

Jan. 2, 2020 PACER
37

MEMORANDUM by Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot in support of motion to dismiss 36 First Amended Complaint (Attachments: # 1 Exhibit A)(Payne, Matthew) (Entered: 01/02/2020)

Jan. 2, 2020 PACER
38

NOTICE of Motion by Matthew Scot Payne for presentment of motion to dismiss 36 before Honorable Elaine E. Bucklo on 1/9/2020 at 09:45 AM. (Payne, Matthew) (Entered: 01/02/2020)

Jan. 2, 2020 PACER
39

MINUTE entry before the Honorable Elaine E. Bucklo: The Court sets the following briefing schedule on Defendant's partial motion to dismiss first amended complaint 36 as follows: Plaintiff to respond by 1/30/2020. Defendants to reply by 2/13/2020. Ruling before Honorable Elaine E. Bucklo on 3/19/2020 at 9:45 a.m. The scheduling conference date of 1/31/2020 is stricken, pending disposition of motion to dismiss. No appearance required on 1/9/2020. Mailed notice. (mgh, ) (Entered: 01/08/2020)

Jan. 8, 2020 PACER
40

RESPONSE by American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghanin Opposition to MOTION by Defendants Chicago Department of Transportation, Thomas Carney, Lori Lightfoot, City of Chicago to dismiss Partial Motion to Dismiss First Amended Complaint 36 (Attachments: # 1 Exhibit A)(Young, Edward) (Entered: 01/30/2020)

Jan. 30, 2020 PACER
41

REPLY by Defendants Thomas Carney, Chicago Department of Transportation, City of Chicago, Lori Lightfoot in Support of its Partial Motion to Dismiss First Amended Complaint (Hansberry, John) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
42

MINUTE entry before the Honorable Elaine E. Bucklo: Defendant's partial motion to dismiss first amended complaint 36 is granted in part. Enter Memorandum Opinion and Order. Scheduling Conference set for 3/27/2020 at 9:45 a.m. Rule 26(f) planning report re MIDP due 3/24/2020. No appearance required on 3/19/2020. Lori Lightfoot (in her official capacity as Mayor of the City of Chicago), Thomas Carney (in his official capacity as Acting Commissioner of the Chicago Department of Transportation) and Chicago Department of Transportation are terminated. Mailed notice. (mgh, ) (Entered: 03/09/2020)

March 9, 2020 PACER

Order on Motion to Dismiss

March 9, 2020 PACER
43

MEMORANDUM Opinion and Order signed by the Honorable Elaine E. Bucklo on 3/9/2020. Mailed notice. (mgh, ) (Entered: 03/09/2020)

March 9, 2020 RECAP
44

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/16/2020)

March 16, 2020 PACER
45

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/17/2020)

March 16, 2020 PACER
46

MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to Amended General Order 20-0012, Scheduling Conference is reset for 4/27/2020 at 9:45 a.m. Rule 26(f) report re MIDP due 4/24/2020. Mailed notice. (mgh, ) (Entered: 03/20/2020)

March 20, 2020 PACER
47

ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket3, ) (Entered: 03/31/2020)

March 30, 2020 PACER
48

MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to Second Amended General Order 20-0012, the Scheduling Conference set for 4/27/2020 is stricken and reset to 6/24/2020 at 9:45 a.m. Rule 26(f) report re MIDP due 6/19/2020. Mailed notice. (mgh, ) (Entered: 04/13/2020)

April 13, 2020 PACER
49

MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to Second Amended General Order 20-0012, the Scheduling Conference set for 4/27/2020 is stricken and reset to 6/24/2020 at 9:45 a.m. Rule 26(f) report re MIDP due 6/19/2020. Mailed notice. (mgh, ) (Entered: 04/13/2020)

April 13, 2020 PACER
50

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. (docket6, ) (Entered: 04/27/2020)

April 24, 2020 PACER
51

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. (docket7, ) (Entered: 05/26/2020)

May 26, 2020 PACER
52

ANSWER to amended complaint and Affirmative Defenses by City of Chicago(Payne, Matthew) (Entered: 06/08/2020)

June 8, 2020 PACER
53

MINUTE entry before the Honorable Elaine E. Bucklo: The court on its own motion amends the order entered on 4/13/2020, as follows: the court will enter a schedule on the parties' Rule 26(f) report and no appearance will be required on 6/24/2020. Mailed notice (reg) (Entered: 06/17/2020)

June 17, 2020 PACER
54

Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) / Joint Status Report, filed by Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan. (Young, Edward) (Entered: 06/19/2020)

June 19, 2020 PACER
55

MINUTE entry before the Honorable Elaine E. Bucklo: The Court adopts the report of parties planning meeting. Parties written discovery to be issued by 7/22/2020. Plaintiff is given to and including 7/10/2020 to amend all pleadings and to add any additional parties. Defendant is given to and including 7/31/2020 to amend all pleadings and to add any additional parties. Fact discovery ordered closed by 1/22/2021. Plaintiff shall comply with FRCP 26(a)(2) by 1/31/2021. Defendant shall comply with FRCP 26(a)(2) by 3/31/2021. All expert discovery to be completed by 4/30/2021. Dispositive motions with supporting memoranda due by 5/31/2021. Status hearing set for 1/22/2021 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 1/11/2021. The court will enter a scheduling order in response to the status report. The scheduling conference date of 6/24/2020 is stricken and no appearance is required. Mailed notice. (mgh, ) (Entered: 06/23/2020)

June 23, 2020 PACER
56

CERTIFICATE of Service of Rule 26(a)(1) and Mandatory Initial Discovery Pilot Project Disclosures by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 07/08/2020)

July 8, 2020 PACER
57

CERTIFICATE of Service OF PLAINTIFFS' MANDATORY INITIAL DISCLOSURES by Nigel F. Telman on behalf of All Plaintiffs (Telman, Nigel) (Entered: 07/08/2020)

July 8, 2020 PACER
58

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. (Clerk6, Docket) (Entered: 07/10/2020)

July 10, 2020 PACER
59

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 07/23/2020)

July 23, 2020 PACER
60

CERTIFICATE of Service OF PLAINTIFFS' PRODUCTION DOCUMENTS by Nigel F. Telman on behalf of All Plaintiffs (Telman, Nigel) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
61

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 08/18/2020)

Aug. 18, 2020 PACER
62

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
63

MOTION by Attorney Michelle Caiola to withdraw as attorney for American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan. No party information provided (Brandt-Young, Christina) (Entered: 10/28/2020)

Oct. 28, 2020 PACER
64

MOTION by Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan for order / Plaintiffs' Unopposed Motion for the Entry of an ESI Protocol and Confidentiality Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Young, Edward) (Entered: 11/25/2020)

Nov. 25, 2020 PACER
65

NOTICE of Motion by Edward Chester Young for presentment of motion for order, 64 before Honorable Elaine E. Bucklo on 12/3/2020 at 09:45 AM. (Young, Edward) (Entered: 11/25/2020)

Nov. 25, 2020 PACER
66

MINUTE entry before the Honorable Elaine E. Bucklo: Motion to withdraw as counsel for plaintiffs 63 is granted. Attorney Michelle Caiola is terminated. Plaintiffs' unopposed motion for the entry of an ESI Protocol and Confidentiality Order 64 is granted. Mailed notice. (mgh, ) (Entered: 12/02/2020)

Dec. 2, 2020 PACER
67

MOTION by Plaintiffs American Council of The Blind of Metropolitan Chicago, Ann Brash, Ray Campbell, Maureen Heneghan for extension of time to complete discovery Filed jointly for all parties (Brandt-Young, Christina) (Entered: 12/22/2020)

Dec. 22, 2020 PACER
68

CERTIFICATE of Service City of Chicago's Objections and Responses to Plfs' Amended First Set of Requests for Production of Documents by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 12/29/2020)

Dec. 29, 2020 PACER
69

MINUTE entry before the Honorable Elaine E. Bucklo: Joint motion for 3-month extension of time to complete discovery 67 is granted. By agreement, plaintiff to comply with Rule 26(a)(2) by 4/30/2021; defendant to comply with the same by 6/30/2021. Expert discovery deadline reset to 7/30/2021; dispositive motion deadline reset to 8/31/2021. Fact discovery deadline reset to 4/22/2021. Status hearing reset for 4/22/2021 at 09:45 AM (to track the case only; no appearance required). Joint status report due 4/19/2021. The court will enter an order based on the report. Mailed notice (reg) (Entered: 12/30/2020)

Dec. 30, 2020 PACER
70

MINUTE entry before the Honorable Elaine E. Bucklo: Joint motion for 3-month extension of time to complete discovery 67 is granted. By agreement, plaintiff to comply with Rule 26(a)(2) by 4/30/2021; defendant to comply with the same by 6/30/2021. Expert discovery deadline reset to 7/30/2021; dispositive motion deadline reset to 8/31/2021. Fact discovery deadline reset to 4/22/2021. Status hearing reset for 4/22/2021 at 09:45 AM (to track the case only; no appearance required). Joint status report due 4/19/2021. The court will enter an order based on the report. (Double entry with PDF). Mailed notice. (mgh, ) (Entered: 12/30/2020)

Dec. 30, 2020 PACER
71

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 02/26/2021)

Feb. 26, 2021 PACER
72

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18065995. (Kelly, Timothy) (Entered: 03/29/2021)

March 29, 2021 PACER
73

MINUTE entry before the Honorable Elaine E. Bucklo: Motion to appear pro hac vice 72 is granted. Mailed notice (reg) (Entered: 04/07/2021)

April 7, 2021 PACER
74

MOTION by Movant United States of America to intervene (Attachments: # 1 Exhibit A: Proposed Complaint in Intervention of the United States of America)(North, Sarah) (Entered: 04/08/2021)

April 8, 2021 PACER
75

UNOPPOSED NOTICE of Motion by Sarah J. North for presentment of motion to intervene 74 before Honorable Elaine E. Bucklo on 4/14/2021 at 09:45 AM. (North, Sarah) (Entered: 04/09/2021)

April 9, 2021 PACER
76

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 04/13/2021)

April 13, 2021 PACER
77

MINUTE entry before the Honorable Elaine E. Bucklo: United States' motion to intervene as a plaintiff 74 is granted. Mailed notice. (mgh, ) (Entered: 04/14/2021)

April 14, 2021 PACER
78

INTERVENOR complaint filed by United States of America against City of Chicago(North, Sarah) (Entered: 04/14/2021)

April 14, 2021 PACER
79

ATTORNEY Appearance for Intervenor United States of America by Matthew J Faiella (Faiella, Matthew) (Entered: 04/14/2021)

April 14, 2021 PACER
80

DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Intervenor United States of America (Johnson, Patrick) (Entered: 04/14/2021)

April 14, 2021 PACER
81

CERTIFICATE of Service of Amended Notice of Taking Deposition of Plaintiff Ann Brash, Plaintiff Ray Campbell and Taking Rule 30(B)(6) Deposition of Plaintiff American Counsel of the Blind of Metropolitan Chicago by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 04/15/2021)

April 15, 2021 PACER

ALIAS Summons Issued as to Defendant City of Chicago. (crl, )

April 16, 2021 PACER
82

STATUS Report JOINT by United States of America (North, Sarah) (Entered: 04/19/2021)

April 19, 2021 PACER
83

MINUTE entry before the Honorable Elaine E. Bucklo: Per the parties' joint status report and by agreement, Fact Discovery is extended and ordered closed by 9/30/2021. Plaintiff shall comply with FRCP 26(a)(2) by 10/12/2021. Defendant shall comply with FRCP 26(a)(2) by 12/13/2021. All expert discovery to be completed by 1/31/2022. Dispositive motions with supporting memoranda due by 2/28/2022. Status hearing is reset for 10/7/2021 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 9/30/2021. The court will enter a scheduling order in response to the status report. Mailed notice. (mgh, ) (Entered: 04/22/2021)

April 22, 2021 PACER
84

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 04/28/2021)

April 28, 2021 PACER
85

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP), filed by Intervenor United States of America. (Faiella, Matthew) (Entered: 05/14/2021)

May 14, 2021 PACER
86

CERTIFICATE of Service by Matthew Scot Payne on behalf of City of Chicago (Payne, Matthew) (Entered: 05/24/2021)

May 24, 2021 PACER
106

Compel

Oct. 29, 2021 PACER
114

Order on Motion for Protective Order

Nov. 4, 2021 PACER
115

MEMORANDUM OPINION AND ORDER: Signed by the Honorable Jeffrey Cole on 11/4/21. Mailed notice (yt)

Nov. 4, 2021 RECAP
120

Compel

Nov. 16, 2021 PACER
123

Order on Motion to Compel

Nov. 16, 2021 PACER

State / Territory: Illinois

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Sept. 23, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are three named blind individuals, a non-profit organization American Council of the Blind of Metropolitan Chicago (ACBMC), and a putative class of all persons with vision-related disabilities who use, or seek to use, pedestrian signals in Chicago.

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Chicago (Chicago, Cook), City

Defendant Type(s):

Jurisdiction-wide

Sanitation/Public Works

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Reasonable Accommodations

Reasonable Modifications

Sidewalks

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Visual impairment

Type of Facility:

Government-run