Case: Gonzalez v. Town of Cicero

1:20-cv-00012 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 2, 2020

Closed Date: Feb. 14, 2022

Clearinghouse coding complete

Case Summary

This case involves an identified lack of accessibility of the Cermack Road Business District in Cicero, Texas. On January 2, 2020, plaintiff, a wheelchair user who requires ADA compliant parking to access the local Latin grocery stores in the Business District of Cicero, filed this complaint in the United States District Court for the Northern District of Illinois against the Town of Cicero and the President of Cicero. Plaintiff alleged that the on-street parking available on and around the Lat…

This case involves an identified lack of accessibility of the Cermack Road Business District in Cicero, Texas.

On January 2, 2020, plaintiff, a wheelchair user who requires ADA compliant parking to access the local Latin grocery stores in the Business District of Cicero, filed this complaint in the United States District Court for the Northern District of Illinois against the Town of Cicero and the President of Cicero. Plaintiff alleged that the on-street parking available on and around the Latin grocery store of Cicero was in violation of Title II of the Americans with Disabilities Act (ADA) as well as the Rehabilitation Act of 1973. She sought nominal and compensatory damages, declaratory and injunctive relief and attorneys fees. The case was assigned to Mary M. Rowland. 

On March 16, 2020, in light of the COVID-19 pandemic, the case was suspended. The parties entered into negotiations. 

On January 12, 2021, the parties filed a stipulation of dismissal. The details of the private settlement are unknown to the Clearinghouse at this time. The court granted the dismissal on January 15, 2021. 

 On January 3, 2022, the judge reopened the case, "for purposes of enforcement only" and directed the plaintiff to, by February 14, 2022, file a motion to enforce or a status report indicating that the court can close the case.  There are no further docket entries and the case appears to be closed. 

Summary Authors

NDRN (1/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16648044/parties/gonzales-v-town-of-cicero/


Judge(s)

Rowland, Mary M (Illinois)

Attorney for Plaintiff

Dereus, Garret Scott (Illinois)

Walsh, Hannah Rose (Illinois)

Weisberg, Rachel M. (Illinois)

Attorney for Defendant

Giambrone, Joseph Anthony (Illinois)

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Documents in the Clearinghouse

Document
1

1:20-cv-00012

Complaint

Jan. 2, 2020

Jan. 2, 2020

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16648044/gonzales-v-town-of-cicero/

Last updated Aug. 7, 2025, 4:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Laura Gonzales; Filing fee $ 400, receipt number 0752-16576468. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons)(Westermeier, Emily) (Entered: 01/02/2020)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

3 Proposed Summons

View on PACER

Jan. 2, 2020

Jan. 2, 2020

Clearinghouse

case assigned

Jan. 2, 2020

Jan. 2, 2020

PACER

CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (txl, )

Jan. 2, 2020

Jan. 2, 2020

PACER

summons issued

Jan. 2, 2020

Jan. 2, 2020

PACER
2

CIVIL Cover Sheet (Westermeier, Emily) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER

SUMMONS Issued as to Defendants Larry Dominick, Town Of Cicero (mc, )

Jan. 2, 2020

Jan. 2, 2020

PACER
3

ATTORNEY Appearance for Plaintiff Laura Gonzales by Emily Anne Westermeier (Westermeier, Emily) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
4

ATTORNEY Appearance for Plaintiff Laura Gonzales by Garret Scott Dereus (Dereus, Garret) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
5

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: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
6

ATTORNEY Appearance for Plaintiff Laura Gonzales by Rachel M. Weisberg (Weisberg, Rachel) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
7

MINUTE entry before the Honorable Mary M. Rowland: Initial status hearing is set for 3/11/20 at 8:30 a.m. No later than five business days before the status hearing, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. Mailed notice. (dm, ) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
8

ATTORNEY Appearance for Defendants Larry Dominick, Town Of Cicero by K. Austin Zimmer (Zimmer, K.) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
9

ATTORNEY Appearance for Defendants Larry Dominick, Town Of Cicero by Joseph Anthony Giambrone (Giambrone, Joseph) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
10

ATTORNEY Appearance for Defendants Larry Dominick, Town Of Cicero by Adrian Daniel Mapes-Riordan (Mapes-Riordan, Adrian) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
11

MOTION by Defendants Larry Dominick, Town Of Cicero for extension of time to file answer regarding complaint 1 Unopposed (Giambrone, Joseph) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER
12

Unopposed NOTICE of Motion by Joseph Anthony Giambrone for presentment of motion for extension of time to file answer 11 before Honorable Mary M. Rowland on 2/6/2020 at 09:45 AM. (Giambrone, Joseph) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER
13

MINUTE entry before the Honorable Mary M. Rowland: Defendants' unopposed motion for an extension of time to answer or otherwise plead 11 is granted. Defendants' to answer or otherwise plead by 2/27/20. No appearance necessary on 2/6/20. Initial status remains set for 3/11/20. Mailed notice. (dm, ) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
14

SUMMONS Returned Executed by Laura Gonzales as to Town Of Cicero on 1/9/2020, answer due 1/30/2020. (Dereus, Garret) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
15

SUMMONS Returned Executed by Laura Gonzales as to Larry Dominick on 1/9/2020, answer due 1/30/2020. (Dereus, Garret) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
16

ANSWER to Complaint DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT by Larry Dominick, Town Of Cicero (Attachments: # 1 Notice of Filing)(Mapes-Riordan, Adrian) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
17

ATTORNEY Appearance for Plaintiff Laura Gonzales by Hannah Rose Walsh (Walsh, Hannah) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
18

STATUS Report by Defendants and by Laura Gonzales (Westermeier, Emily) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
19

MINUTE entry before the Honorable Mary M. Rowland: On the Court's own motion, initial status hearing set for 3/11/20 is stricken and reset to 3/17/20 at 9:30am. Mailed notice. (dm, ) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

PACER
20

MINUTE entry before the Honorable Mary M. Rowland: The court adopts the parties' proposed discovery plan. MIDP disclosures due by 4/3/20. Written discovery shall be served by 4/17/20 and all fact discovery shall close on 9/30/20. The status set for 3/17/20 is stricken and reset to 6/3/20 at 9:30am. Parties should be prepared to report whether a settlement conference would be productive. Mailed notice. (dm, ) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

RECAP
21

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

March 16, 2020

PACER
22

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. (docket12, ) (Entered: 03/31/2020)

March 30, 2020

March 30, 2020

PACER
23

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. (docket7, ) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
24

STATUS Report by Defendants and by Laura Gonzales (Westermeier, Emily) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
25

MOTION by Attorney Adrian Daniel Mapes-Riordan to withdraw as attorney for Larry Dominick, Town Of Cicero. No party information provided (Giambrone, Joseph) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
26

NOTICE of Motion by Joseph Anthony Giambrone for presentment of motion to withdraw as attorney 25 before Honorable Mary M. Rowland on 6/16/2020 at 09:45 AM. (Giambrone, Joseph) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
27

MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the parties' status report. Parties shall exchange Mandatory Initial Disclosure responses by June 19, 2020. Written discovery requests due 7/3/20. Fact discovery will close 12/16/20. These dates will not be impacted by any further General Orders regarding COVID 19 absent a motion from the parties. Status hearing set for 6/3/20 is stricken. On or before 6/30/20, parties shall file a joint status report to report whether a settlement conference would be productive. Mailed notice. (dm, ) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

RECAP
28

MINUTE entry before the Honorable Mary M. Rowland: Defendants'motion to withdraw appearance of Adrian Daniel Mapes-Riordan as attorney on behalf of Defendants 25 is granted. No appearance necessary on 6/16/20. Mailed notice. (dm, ) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
29

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. (docket8, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
30

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP), filed by Defendants Larry Dominick, Town Of Cicero. (Giambrone, Joseph) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
31

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP), filed by Plaintiff Laura Gonzales. (Westermeier, Emily) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
32

STATUS Report by Defendants and by Laura Gonzales (Westermeier, Emily) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
33

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the joint status report. The Parties are in the process of reviewing the MIDP disclosures and plan to discuss the potential for resolution after the review is complete. On or before 10/2/20, parties shall file a joint status report updating the court on the status of discovery and whether a settlement conference would be productive. Fact discovery close date of 12/16/20 remains set. Mailed notice. (dm, ) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
34

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. (Clerk7, Docket) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
35

STATUS Report by Defendants and by Laura Gonzales (Westermeier, Emily) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
36

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the parties' status report. The close of discovery remains 12/16/20. Teleconference status set for 11/16/20 at 9:45 AM. Counsel should call 866-434-5269 access code 3751971. Parties should be prepared to report on discovery and whether a settlement conference would be productive. Mailed notice (np, ) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
37

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Plaintiff's counsel reported parties have reached a settlement in principle subject to the Board's approval. Parties shall file a stipulation of dismissal by 12/18/20. Mailed notice. (dm, ) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
38

MINUTE entry before the Honorable Mary M. Rowland: Parties' joint request to extend the time to file stipulation of dismissal is granted. Parties shall file a stipulation of dismissal by 1/5/21. Mailed notice. (dm, ) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
39

MINUTE entry before the Honorable Mary M. Rowland: Parties' joint request to extend the time to file stipulation of dismissal is granted. Parties shall file a stipulation of dismissal by 1/12/21. Mailed notice. (dm, ) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
40

STIPULATION of Dismissal (Attachments: # 1 Exhibit A)(Westermeier, Emily) (Entered: 01/12/2021)

1 Exhibit A

View on PACER

Jan. 12, 2021

Jan. 12, 2021

PACER
41

MINUTE entry before the Honorable Mary M. Rowland: In light of the stipulation and joint motion for entry of agreed order of dismissal, this matter is dismissed without prejudice with leave to reinstate the case by no later than December 31, 2021 to enforce the terms of the parties' settlement agreement. If the case is not timely reinstated, the dismissal will be with prejudice as of December 31, 2021, without further order of the court. Each party shall bear its own attorney's fees and costs. Any pending motions or schedules in this case are stricken as moot. Enter Agreed Order of Dismissal. Civil case terminated. Mailed notice. (dm, ) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
42

AGREED ORDER OF DISMISSAL. Signed by the Honorable Mary M. Rowland on 1/15/2021. Mailed notice. (dm, ) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
43

MOTION by Plaintiff Laura Gonzales to reopen case (Attachments: # 1 Exhibit Memorandum in Support, # 2 Text of Proposed Order)(Dereus, Garret) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
44

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion to reinstate the case 43 is granted. The case is reinstated on the docket for purposes of enforcement only. The Clerk of Court is directed to reopen this case. By 2/14/22 Plaintiff shall file a motion to enforce or a status report indicating that the court can close the case. Mailed notice. (dm, ) (Entered: 01/03/2022)

Jan. 3, 2022

Jan. 3, 2022

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 2, 2020

Closing Date: Feb. 14, 2022

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

individual plaintiff who requires ADA compliant parking

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Town of Cicero, City

Defendant Type(s):

Jurisdiction-wide

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Disability, unspecified

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)