Case: Equip for Equality v. Robbins Supportive Living

1:06-cv-01671 | U.S. District Court for the Northern District of Illinois

Filed Date: March 27, 2006

Closed Date: Aug. 21, 2006

Clearinghouse coding complete

Case Summary

This case is about a Protection and Advocacy (P&A) agency’s access authority. On March 27, 2006, Equip for Equality (EFE), the P&A for Illinois, filed a complaint in the U.S. District Court for the District of Northern Illinois against Robbins Supportive Living LLC. Robbins Supportive Living LLC operated Robbins Senior Living (“Robbins”), a supportive living facility in Illinois for individuals 65 or older. Plaintiff alleged that defendant violated the Protection and Advocacy for Individual Rig…

This case is about a Protection and Advocacy (P&A) agency’s access authority. On March 27, 2006, Equip for Equality (EFE), the P&A for Illinois, filed a complaint in the U.S. District Court for the District of Northern Illinois against Robbins Supportive Living LLC. Robbins Supportive Living LLC operated Robbins Senior Living (“Robbins”), a supportive living facility in Illinois for individuals 65 or older. Plaintiff alleged that defendant violated the Protection and Advocacy for Individual Rights Act (PAIR Act) when it denied EFE access to the facility and its residents and employees. Judge Mark R. Filip presided over this matter.

The lawsuit began when EFE, in response to information regarding the conditions at Robbins, visited and sought access to the facility. EFE staff spoke with the Robbins supervisor over the phone, who denied access and demanded additional proof of authority. After faxing a letter with the requested information, EFE staff again visited Robbins, seeking access to the facility. The Robbins supervisor again denied access. Additional efforts to acquire access were unsuccessful.

Plaintiff sought a declaratory judgment, preliminary and permanent injunctions to gain unaccompanied access to Robbins and other supportive living facilities operated by defendant, and attorneys' fees. On June 13, 2006, defendant filed a motion to dismiss. On August 21, 2006, plaintiff voluntarily dismissed the action. The case is now closed.

Summary Authors

NDRN (7/5/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12151618/parties/equip-for-equality-inc-v-robbins-supportive-living-llc/


Judge(s)

Filip, Mark R. (Illinois)

Attorney for Plaintiff

Ward, Karen I. (Illinois)

Whitcomb, John Warren (Illinois)

Attorney for Defendant

Shapiro, Michael Samuel (Illinois)

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Documents in the Clearinghouse

Document
1

1:06-cv-01671

Complaint for Declaratory and Injunctive Relief

Equip for Equality, INC. v. Robbins Supportive Living, LLC

March 27, 2006

March 27, 2006

Complaint
17

1:06-cv-01671

First Amended Complaint for Declaratory and Injunctive Relief

Equip for Equality, INC. v. Robbins Supportive Living, LLC

May 30, 2006

May 30, 2006

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12151618/equip-for-equality-inc-v-robbins-supportive-living-llc/

Last updated July 5, 2024, 3:37 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Equip for Equality, Inc.; (mb, ) (Entered: 03/28/2006)

March 27, 2006

March 27, 2006

Clearinghouse
2

CIVIL Cover Sheet (mb, ) (Entered: 03/28/2006)

March 27, 2006

March 27, 2006

PACER
3

ATTORNEY Appearance for Plaintiff Equip for Equality, Inc. by Karen I. Ward (mb, ) (Entered: 03/28/2006)

March 27, 2006

March 27, 2006

PACER
5

SUMMONS Issued as to Defendant Robbins Supportive Living LLC (mb, ) (Entered: 03/28/2006)

March 27, 2006

March 27, 2006

PACER
6

MINUTE entry before Judge Mark Filip : Status hearing set for 5/16/2006 at 09:30 AM. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report within two days prior to status. (See Judges web page for status report) Mailed notice (tbk, ) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
7

MINUTE entry before Judge Mark Filip : Status hearing reset for 5/25/2006 at 09:30 AM. Telephoned notice (tbk, ) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
8

AFFIDAVIT of Service filed by Plaintiff Equip for Equality, Inc. regarding Service of Process of complaint served on Defendant on 04-18-06 (Ward, Karen) (Incorrect Event Used) Modified on 4/19/2006 (gma, ). (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

PACER
9

ATTORNEY Appearance for Plaintiff Equip for Equality, Inc. by John Warren Whitcomb (Whitcomb, John) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
10

NOTICE of Correction regarding affidavit of service 8 (Incorrect Event Used) (gma, ) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
11

SUMMONS Returned Executed by Equip for Equality, Inc. as to Robbins Supportive Living LLC on 4/3/2006, answer due 4/24/2006. (Ward, Karen) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
12

ATTORNEY Appearance for Defendant Robbins Supportive Living LLC by Michael Samuel Shapiro (Shapiro, Michael) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
13

MOTION by Defendant Robbins Supportive Living LLC to dismiss (Shapiro, Michael) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
14

MEMORANDUM by Robbins Supportive Living LLC in Support of motion to dismiss 13 (Shapiro, Michael) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
15

NOTICE of Motion by Michael Samuel Shapiro for presentment of motion to dismiss 13 before Honorable Mark Filip on 5/9/2006 at 09:30 AM. (Shapiro, Michael) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
16

MINUTE entry before Judge Mark Filip : Status hearing date of 5/25/06 is stricken. Plaintiff given to and including 5/30/06 within which to file response to motion to dismiss 13 and defendant given to and including 6/13/06 to file reply brief. Ruling on defendant's motion to dismiss 13 will be by mail. Mailed notice (tbk, ) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

PACER
17

FIRST AMENDED complaint by Equip for Equality, Inc. against Robbins Supportive Living LLC (Ward, Karen) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

Clearinghouse
18

NOTICE by Equip for Equality, Inc. re amended complaint 17 Notice of Filing (Ward, Karen) (Incorrect PDF Linked) Modified on 5/31/2006 (gma, ). (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

PACER
19

NOTICE by Equip for Equality, Inc. Notice of Filing First Amended Complaint (Ward, Karen) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
20

NOTICE of Correction regarding notice of filing 18 (Incorrect PDF Linked) (gma, ) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
21

MOTION by Defendant Robbins Supportive Living LLC to dismiss (Shapiro, Michael) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

PACER
22

MEMORANDUM by Robbins Supportive Living LLC in Support of motion to dismiss 21 (Shapiro, Michael) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

PACER
23

NOTICE of Motion by Michael Samuel Shapiro for presentment of motion to dismiss 21 before Honorable Mark Filip on 6/20/2006 at 09:30 AM. (Shapiro, Michael) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

PACER
24

MINUTE entry before Judge Mark Filip : MOTION by Defendant Robbins Supportive Living LLC to dismiss 13 is stricken as moot. Mailed notice (tbk, ) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

PACER
25

MINUTE entry before Judge Mark Filip : Plaintiff given to and including 7/11/06 in which to respond to defendant's motion to dismiss amended complaint 21 . Defendant given until 7/25/06 to file its reply. Ruling on motion to dismiss amended complaint 21 will be by mail. (tbk, ) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

PACER
26

MOTION by Plaintiff Equip for Equality, Inc. for extension of time to file response brief (agreed) (Ward, Karen) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
27

NOTICE of Motion by Karen I. Ward for presentment of motion for extension of time 26 (Ward, Karen) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
28

NOTICE of Motion by Karen I. Ward for presentment of motion for extension of time 26 before Honorable Mark Filip on 7/13/2006 at 09:30 AM. (Attachments: # 1)(Ward, Karen) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

PACER
29

MINUTE entry before Judge Mark Filip : MOTION by Plaintiff Equip for Equality, Inc. for extension of time to file response brief 26 to motion to dismiss is granted to and including 7/20/06. Defendant's reply brief due by 8/3/06. Mailed notice (tbk, ) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

PACER
30

MOTION by Plaintiff Equip for Equality, Inc., Defendant Robbins Supportive Living LLC for extension of time to file response/reply (Shapiro, Michael) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

PACER
31

Joint NOTICE of Motion by Michael Samuel Shapiro for presentment of motion for extension of time to file response/reply 30 before Honorable Mark Filip on 7/20/2006 at 09:30 AM. (Shapiro, Michael) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

PACER
32

MINUTE entry before Judge Mark Filip : MOTION by Plaintiff Equip for Equality, Inc., Defendant Robbins Supportive Living LLC for extension of time to file response/reply 30 30 is granted. Response is due by 8/17/2006. Reply is due by 8/31/2006. Mailed notice (jms, ) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

PACER
33

NOTICE of Voluntary Dismissal by Equip for Equality, Inc. (Ward, Karen) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

PACER
34

MINUTE entry before Judge Mark Filip : Pursuant to Rule 41, Fed.R.Civ.P., Plaintiff voluntarily dismisses this action without prejudice. Any and all pending motions are dismissed as moot. Mailed notice (mb, ) (Entered: 08/22/2006)

Aug. 21, 2006

Aug. 21, 2006

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Disability Rights

Key Dates

Filing Date: March 27, 2006

Closing Date: Aug. 21, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Illinois protection and advocacy system

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Robbins Supportive Living, LLC, Private Entity/Person

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Disability and Disability Rights:

Disability, unspecified

P&A access authority

P&A Associational Standing