Case: Leskovisek v. Illinois Department of Transportation

3:17-cv-03251 | U.S. District Court for the Central District of Illinois

Filed Date: Oct. 31, 2017

Closed Date: July 28, 2023

Clearinghouse coding complete

Case Summary

On October 31, 2017, two individuals with autism filed a lawsuit against the Illinois Department of Transportation (IDOT) and Illinois Department of Central Management Services to challenge IDOT’s employment related decisions under the Americans with Disabilities Act (ADA) for failure to provide reasonable accommodations and failure to engage in the interactive accommodation process during the job application/hiring process. The lawsuit sought retroactive salary, promotions, and seniority; or, …

On October 31, 2017, two individuals with autism filed a lawsuit against the Illinois Department of Transportation (IDOT) and Illinois Department of Central Management Services to challenge IDOT’s employment related decisions under the Americans with Disabilities Act (ADA) for failure to provide reasonable accommodations and failure to engage in the interactive accommodation process during the job application/hiring process. The lawsuit sought retroactive salary, promotions, and seniority; or, in the alternative award plaintiffs the value of future compensation and benefits, back pay with interest; compensatory damages; reasonable attorneys’ fees and costs; and ensure implementation of reasonable accommodations. The case was assigned to Judge Sue E. Myerscough. Magistrate Judge Eric Long presided. 

This case involved two plaintiffs with autism who possessed exceptional data entry skills. They were hired by the Illinois Department of Transportation (IDOT) as part of a part-time training program for individuals with disabilities. Plaintiffs worked for IDOT as a part of this training program for four years and were not given the same pay, benefits or job protections given to their colleagues performing similar tasks. While plaintiffs desired full-time, permanent employment, they were unable to effectively participate in the pre-employment tests and the structured interview due to their disabilities. 

Defendant filed a motion to dismiss for failure to state a claim on February 12, 2018.  Defendant alleged that the case should be dismissed for lack of subject matter jurisdiction because the complaint failed to allege that they ever applied for a vacant position; as such, plaintiffs lacked standing to bring suit. In addition, defendant argued that plaintiffs failed to allege disparate impact, discrimination, and retaliation claims.

On April 10, 2018, the court granted in part and denied in part the motion. The court found that the plaintiffs did have standing to bring suit, because plaintiffs plausibly alleged that they were 
deterred from applying for a position due to the consistently enforced discriminatory policy of requiring all individuals to undergo the testing and interview requirements such that it would have been futile for plaintiffs to apply if there were an open position. The court found that plaintiffs had also pleaded sufficient facts at this stage for the disparate impact and discrimination claims; however, the court found that plaintiffs had not pleaded sufficient facts on the retaliation claim, and this claim was dismissed.

The plaintiffs sought a partial summary judgment motion on their discrimination claim on April 28, 2020. IDOT cross filed for summary judgment.  On December 11, 2020, the court denied the plaintiffs' motion for summary judgment on their discrimination claim. The same day, the court granted the defendants' motion for summary judgment as to the plaintiffs' disparate impact claim but denied all other parts of the motion for summary judgment.

A settlement was reached on October 20, 2021.The details of the settlement are unknown to the Clearinghouse at this time. 

On July 28, 2023, the parties stipulated to joint dismissal and Judge Sue E. Myerscough dismissed the case with prejudice. The case is closed.

Summary Authors

NDRN (1/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6228784/parties/leskovisek-v-illinois-department-of-transportation/


Judge(s)
Attorney for Plaintiff

Chung, Jin-Ho H (Illinois)

Mollica, Paul W (Illinois)

Attorney for Defendant

Bracey, Joseph Dennis (Illinois)

Ewick, Thomas R (Illinois)

Higgerson, Christopher L (Illinois)

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Documents in the Clearinghouse

Document
1

3:17-cv-03251

Complaint and Demand for Jury Trial

Leskovisek v. Illinois Dep't of Transportation

Oct. 31, 2017

Oct. 31, 2017

Complaint
14

3:17-cv-03251

Plaintiffs' First Amended Complaint and Demand for Jury Trial

Leskovisek v. Illinois Department of Transportation and Illinois Department of Central Management Services

Jan. 29, 2018

Jan. 29, 2018

Complaint
17

3:17-cv-03251

Motion to Dismiss

Feb. 12, 2018

Feb. 12, 2018

Pleading / Motion / Brief
21

3:17-cv-03251

Opinion

April 10, 2018

April 10, 2018

Order/Opinion

305 F.Supp.3d 925

49

3:17-cv-03251

Plaintiff's Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment

Leskovisek v. Illinois Department of Transportation and Illinois Department of Central Management Services

April 28, 2020

April 28, 2020

Pleading / Motion / Brief
63

3:17-cv-03251

Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment

Leskovisek v. Illinois Department of Transportation and Illinois Department of Central Management Services

June 3, 2020

June 3, 2020

Pleading / Motion / Brief
75

3:17-cv-03251

Opinion

Dec. 11, 2020

Dec. 11, 2020

Order/Opinion

506 F.Supp.3d 553

91

3:17-cv-03251

Stipulation of Dismissal

July 28, 2023

July 28, 2023

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6228784/leskovisek-v-illinois-department-of-transportation/

Last updated Aug. 3, 2025, 1 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-2696976.), filed by Nicholas Leskovisek, Chad Underwood. (Attachments: # 1 Exhibit A, # 2 Exhibit Summons, # 3 Exhibit Certificate of Interest, # 4 Civil Cover Sheet)(Weisberg, Rachel) (Entered: 10/31/2017)

1 Exhibit A

View on PACER

2 Exhibit Summons

View on PACER

3 Exhibit Certificate of Interest

View on PACER

4 Civil Cover Sheet

View on PACER

Oct. 31, 2017

Oct. 31, 2017

Clearinghouse
3

Summons Issued as to Illinois Department of Central Management Services, Illinois Department of Transportation. (SKN, ilcd) (Entered: 11/03/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
2

NOTICE of Appearance of Attorney by Rachel M Weisberg on behalf of All Plaintiffs (Weisberg, Rachel) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins: Judge Schanzle-Haskins disqualifies himself and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(a). Pursuant to instructions from Chief Judge James E. Shadid, this matter is reassigned to U.S. Magistrate Judge Eric Long. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/01/2017. (SKN, ilcd)

Nov. 1, 2017

Nov. 1, 2017

PACER

Order Reassigning Case to Magistrate Judge Long AND Order of Recusal

Nov. 3, 2017

Nov. 3, 2017

PACER
4

REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Illinois Department of Transportation on November 1, 2017. (Weisberg, Rachel) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
5

REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Illinois Department of Central Management Services on November 1, 2017. (Weisberg, Rachel) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
6

WAIVER OF SERVICE Returned Executed by Nicholas Leskovisek, Chad Underwood. Illinois Department of Transportation waiver sent on 11/1/2017, answer due 1/2/2018. (Weisberg, Rachel) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
7

WAIVER OF SERVICE Returned Executed by Nicholas Leskovisek, Chad Underwood. Illinois Department of Central Management Services waiver sent on 11/1/2017, answer due 1/2/2018. (Weisberg, Rachel) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
8

NOTICE of Appearance of Attorney by Anupama Paruchuri on behalf of Illinois Department of Central Management Services, Illinois Department of Transportation (Paruchuri, Anupama) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER
9

MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants Illinois Department of Central Management Services, Illinois Department of Transportation. Responses due by 1/10/2018 (Paruchuri, Anupama) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER
10

ORDER Entered by Magistrate Judge Eric I. Long on 12/28/17. Rule 16 Scheduling Conference set for 1/29/2018 at 11:00 AM by personal appearance in Courtroom B in Urbana before Magistrate Judge Eric I. Long. SEE WRITTEN ORDER. (SKR, ilcd) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER

Order on Motion for Extension of Time to Answer

Dec. 28, 2017

Dec. 28, 2017

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 12/28/17. Defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint 9 is GRANTED. Defendant's deadline to respond to Plaintiff's Complaint is extended to 1/30/2018. (SKR, ilcd)

Dec. 28, 2017

Dec. 28, 2017

PACER

TEXT ORDER: Pursuant to Local Rule 16.1(B), the Court orders a settlement conference before U.S. Magistrate Judge Eric I. Long within 60 days. Entered by Judge Sue E. Myerscough on 01/05/2018. (SKN, ilcd)

Jan. 5, 2018

Jan. 5, 2018

PACER

Order

Jan. 5, 2018

Jan. 5, 2018

PACER
11

DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Nicholas Leskovisek, Chad Underwood. (Weisberg, Rachel) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 1/9/18. This Court has reviewed the parties' Report of Rule 26(f) Planning Meeting 11 and pursuant to the Order 10 scheduling this matter for a Rule 16 hearing conference by personal appearance on 1/29/18 at 11:00 AM, the matter is hereby converted from personal appearance to telephone conference on the same date at the same time. The Court will initiate the call. (SKR, ilcd)

Jan. 9, 2018

Jan. 9, 2018

PACER

Order AND ~Util - Set/Reset Hearings

Jan. 9, 2018

Jan. 9, 2018

PACER
12

ORDER Entered by Magistrate Judge Eric I. Long on 1/12/18. Presettlement Conference with Plaintiff's counsel set for 2/21/2018 at 1:30 PM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. Presettlement Conference with Defendant's counsel set for 2/21/2018 at 2:00 PM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. Settlement Conference set for 2/23/2018 at 10:00 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. Confidential Settlement Papers due by 2/14/2018. SEE WRITTEN ORDER. (SKR, ilcd) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
13

Letter to counsel from Judge Long regarding settlement conference (SKR, ilcd) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
14

AMENDED COMPLAINT against Illinois Department of Central Management Services, Illinois Department of Transportation, filed by Nicholas Leskovisek, Chad Underwood.(Weisberg, Rachel) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

Clearinghouse
15

Minute Entry for proceedings held 1/29/18 before Magistrate Judge Eric I. Long. Appearance for Plaintiff by Rachel Weisberg. Appearance for Defendant by Anupama Paruchuri. Rule 16 conference held by telephone. Plan approved; dates set. Consent to magistrate judge discussed (form attached). ADR options offered, including court-hosted settlement conference. The following discovery deadlines are set: Initial disclosure due by 2/5/18; Amended pleadings due by 3/1/18; Joinder of parties due by 3/1/18; Plaintiff's expert disclosure due by 8/1/18; Plaintiff shall make experts available for deposition by 8/31/18; Defendant's expert disclosure due by 8/31/18; Defendant shall make experts available for deposition by 10/1/18; Discovery, including deposition of experts, due by 10/1/18; Case dispositive motions due by 11/1/18; Final Pretrial Conference set for 3/4/2019 at 3:00 PM in Courtroom 1 in Springfield before Judge Sue E. Myerscough; Jury Selection/Jury Trial set for 3/19/2019 at 9:00 AM in Courtroom 1 in Springfield before Judge Sue E. Myerscough. Trial estimated 5 days. Status Conference set for 4/25/2018 at 10:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 11:03 AM.) (SKR, ilcd) Modified on 1/29/2018 to include length of trial (SKR, ilcd). (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

RECAP
16

CERTIFICATE of Compliance (Plaintiffs' Rule 26(a)(1) Disclosures). (Weisberg, Rachel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Defendants Illinois Department of Central Management Services, Illinois Department of Transportation. Responses due by 2/26/2018 (Paruchuri, Anupama) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

Clearinghouse
18

MEMORANDUM in Support re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Illinois Department of Central Management Services, Illinois Department of Transportation. (Paruchuri, Anupama) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/13/18. At the request of the parties, the Settlement Conference set for 2/23/18 is vacated. The Court will reschedule the Settlement Conference after a ruling on the pending Motion to Dismiss is entered. The calls scheduled for 2/21/18 are also vacated. (TC, ilcd)

Feb. 13, 2018

Feb. 13, 2018

PACER

1 - Terminate Deadlines and Hearings AND Order

Feb. 13, 2018

Feb. 13, 2018

PACER
19

MOTION for Extension of Time to File Response/Reply as to 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (Unopposed) by Plaintiffs Nicholas Leskovisek, Chad Underwood. Responses due by 3/8/2018 (Weisberg, Rachel) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER

TEXT ORDER: Plaintiffs' Unopposed Motion for an Extension of Time 19 is GRANTED. Plaintiffs shall file a response to Defendants' Motion to Dismiss on or before March 5, 2018. Entered by Judge Sue E. Myerscough on 02/26/2018. (SKN, ilcd)

Feb. 26, 2018

Feb. 26, 2018

PACER

Order AND Order on Motion for Extension of Time to File Response/Reply AND ~Util - Set/Reset Deadlines

Feb. 26, 2018

Feb. 26, 2018

PACER
20

MEMORANDUM in Opposition re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Nicholas Leskovisek, Chad Underwood. (Weisberg, Rachel) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
21

OPINION: Defendants' Motion to Dismiss (d/e 17 ) is GRANTED IN PART and DENIED IN PART. Count V is dismissed as to Defendant CMS without prejudice and with leave to replead. The Motion is otherwise denied. Plaintiffs are grantedleave to file a Second Amended Complaint on or before April 23, 2018. Defendants shall thereafter answer or otherwise respond on or before May 7, 2018. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 04/10/2018. (SKN, ilcd) (Main Document 21 replaced on 4/10/2018) (SKN, ilcd). (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

Clearinghouse

Minute Entry for proceedings held 4/25/18 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by Rachel Weisberg. Appearance on behalf of defendants by Anupama Paruchuri. Telephone Status Conference held. Status of case and discovery discussed. Parties request 90 day extension for written discovery prior to setting a settlement conference. Status Conference set for 7/25/2018 at 10:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:16 AM.) (SKR, ilcd)

April 25, 2018

April 25, 2018

PACER
22

ANSWER to 14 Amended Complaint by Illinois Department of Central Management Services, Illinois Department of Transportation.(Paruchuri, Anupama) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
23

CERTIFICATE OF SERVICE by Illinois Department of Central Management Services, Illinois Department of Transportation re 22 Answer to Amended Complaint (Paruchuri, Anupama) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
24

MOTION for Extension of Time to Complete Discovery (Unopposed) by Plaintiffs Nicholas Leskovisek, Chad Underwood. Responses due by 6/28/2018 (Weisberg, Rachel) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/15/18. Plaintiffs' Unopposed Motion to Modify Discovery Deadlines 24 is GRANTED. The following deadlines are set: Plaintiff shall disclose experts and provide expert reports by 11/1/18, and shall make any such experts available for deposition by 12/3/18. Defendant shall disclose experts and provide expert reports by 12/3/18, and shall make any such experts available for deposition by 1/15/19. All discovery, including deposition of experts, shall be completed by 1/15/19. The deadline for filing case dispositive motions shall be 2/15/19. Final Pretrial Conference set for 7/1/19 at 3:00 PM in Courtroom 1 in Springfield before Judge Sue E. Myerscough. Jury Selection/Jury Trial set for 7/16/19 at 9:00 AM in Courtroom 1 in Springfield before Judge Sue E. Myerscough. Trial estimated 5 days. (KM, ilcd)

June 15, 2018

June 15, 2018

PACER

Minute Entry for proceedings held 7/25/2018 before Magistrate Judge Eric I. Long. Appearance for the Plaintiffs by Rachel Weisberg. Appearance for Defendants by Anupama Paruchuri. Status Conference held by telephone. Status of case discussed. Further Status Conference set for 9/27/2018 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B: 10:15 AM.) (KE, ilcd)

July 25, 2018

July 25, 2018

PACER
25

MOTION for Protective Order (Agreed Motion) by Plaintiffs Nicholas Leskovisek, Chad Underwood. Responses due by 9/4/2018 (Attachments: # 1 Agreed Protective Order)(Weisberg, Rachel) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/21/2018. The parties' Agreed Motion for Entry of Agreed Protective Order 25 is GRANTED. The Court will enter the Agreed Protective Order by separate entry. (DS, ilcd)

Aug. 21, 2018

Aug. 21, 2018

PACER
26

AGREED PROTECTIVE ORDER entered by Magistrate Judge Eric I. Long on 8/21/2018. See written Order. (DS, ilcd) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER

Minute Entry for proceedings held 9/27/18 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Rachel Weisberg. Appearance on behalf of defendant by Anupama Paruchuri. Telephone Status Conference held. Status of case and discovery discussed. Amended proposed discovery plan due 10/11/18. Status Conference set for 1/3/2019 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. ( Miscellaneous Deadline 10/11/2018 ) (Tape #UR-A 10:04 AM.) (SKR, ilcd)

Sept. 27, 2018

Sept. 27, 2018

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 10/1/18. On 2/1/18, the Clerks Office sent attorney Bebe Ellen Novich Attorney Admission Paperwork to be admitted in this court. Local Rule 83.5 requires that an attorney be admitted to practice in this court. As of the date of this order, Attorney Novich has not returned her oath card to the Clerk. The Court directs Attorney Novich to complete the process for being admitted into this court within 21 days. ( Other Deadline set for 10/22/2018.) (SKR, ilcd)

Oct. 1, 2018

Oct. 1, 2018

PACER
27

MOTION to Withdraw as Attorney (Bebe Novich) by Plaintiffs Nicholas Leskovisek, Chad Underwood. Responses due by 10/17/2018 (Weisberg, Rachel) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 10/4/18. Plaintiffs' Motion to Withdraw Attorney Appearance of Bebe Novich 27 is GRANTED. The Court directs the Clerk to terminate Bebe Novich from this case. (SKR, ilcd)

Oct. 4, 2018

Oct. 4, 2018

PACER
28

MOTION for Extension of Time to Complete Discovery (Agreed Motion) by Plaintiffs Nicholas Leskovisek, Chad Underwood. Responses due by 10/24/2018 (Weisberg, Rachel) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 10/11/18. The Parties' Agreed Motion to Modify Discovery Deadlines 28 is GRANTED. The following deadlines are set: Fact discovery shall be completed by 3/1/19; Plaintiffs shall disclose experts and provide expert reports by 3/1/19, and shall make any such experts available for deposition by 4/1/19; Defendants shall disclose experts and provide expert reports by 4/1/19, and shall make any such experts available for deposition by 5/1/19; all expert discovery shall be completed by 5/1/19; the deadline for filing case dispositive motions shall be 6/3/19. Final Pretrial Conference set for 10/7/19 at 3:00 PM in Courtroom 1 in Springfield before Judge Sue E. Myerscough; Jury Selection/Jury Trial set for 10/22/19 at 9:00 AM in Courtroom 1 in Springfield before Judge Sue E. Myerscough (5 days). (SKR, ilcd)

Oct. 11, 2018

Oct. 11, 2018

PACER

TEXT ONLY ORDER REASSIGNING CASE: This case is reassigned to Judge Colin Stirling Bruce for further proceedings. All dates to remain as previously scheduled. Entered by Chief Judge James E. Shadid on 11/8/2018. (MC, ilcd)

Nov. 8, 2018

Nov. 8, 2018

PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/13/2018. The Final Pretrial Conference remains set for 10/7/19 at 3:00 PM. Jury Trial is set for 11/5/19 at 9:00 AM. All proceedings will be in Courtroom A, Urbana, before U.S. District Judge Colin S. Bruce. (KE, ilcd) Modified on 11/14/2018 to correct year. (KE, ilcd).

Nov. 13, 2018

Nov. 13, 2018

PACER
29

MOTION to Compel by Plaintiffs Nicholas Leskovisek, Chad Underwood. Responses due by 11/27/2018 (Attachments: # 1 Exhibit 1-2)(Weisberg, Rachel) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER

Set/Reset Hearings: Jury Trial set for 11/5/2019 at 9:00 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce pursuant to text order entered 11/13/2018. (KE, ilcd) Modified on 11/14/2018 to correct year. (KE, ilcd).

Nov. 14, 2018

Nov. 14, 2018

PACER

Set/Reset Hearings: Final Pretrial Conference set for 10/7/2019 at 3:00 PM in Courtroom A in Urbana before Judge Colin Stirling Bruce pursuant to text order entered 11/13/2018. (KE, ilcd)

Nov. 14, 2018

Nov. 14, 2018

PACER
30

MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Compel by Defendant Illinois Department of Central Management Services. Responses due by 12/11/2018 (Paruchuri, Anupama) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/29/2018. The Motion for Extension of Time 30 is GRANTED. Defendant's deadline to respond to the pending Motion to Compel is extended to December 4, 2018. (KE, ilcd)

Nov. 29, 2018

Nov. 29, 2018

PACER
31

Second MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Compel by Defendant Illinois Department of Central Management Services. Responses due by 12/18/2018 (Paruchuri, Anupama) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 12/6/18. The Second Motion for Extension of Time 31 is GRANTED. Defendant's deadline to respond to Plaintiffs' Motion to Compel is extended to December 11, 2018. ( Responses due by 12/11/2018) (SKR, ilcd)

Dec. 6, 2018

Dec. 6, 2018

PACER
32

RESPONSE to Motion re 29 MOTION to Compel filed by Defendant Illinois Department of Central Management Services. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Paruchuri, Anupama) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER

Minute Entry for proceedings held 1/3/19 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Rachel Weisberg. Appearance on behalf of defendant by Anupama Paruchuri. Telephone Status Conference held. Status of case discussed. 29 Motion to Compel discussed and taken under advisement. Supplemental motion by plaintiff due 1/10/19. Status Conference set for 2/14/2019 at 10:30 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. ( Miscellaneous Deadline 1/10/2019) (Tape #UR-B 10:04 AM.) (SKR, ilcd)

Jan. 3, 2019

Jan. 3, 2019

PACER
33

Supplemental MOTION to Compel by Plaintiffs Nicholas Leskovisek, Chad Underwood. Responses due by 1/23/2019 (Weisberg, Rachel) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 1/11/19. Plaintiffs' Supplemental Motion to Compel 33 is GRANTED. Defendant is ordered to provide Plaintiffs access to the pre-employment examination for the job classification of Office Associate. Defendant shall allow entry to the CMS Testing Center in Springfield, Illinois, for the purposes of inspection and documentation by photograph and personal note taking by their expert witness and attorneys of the pre-employment examination for the job classification of Office Associate at a date and time mutually convenient for Defendant CMS and Plaintiffs expert witness. Videotaping the examination will not be permitted. The photographs, notes, and any information obtained through the examination shall be designated as "Highly Confidential" under paragraph 10 of the parties' Protective Order 26 with the expectation being that the information will be limited to attorneys eyes only, with the exception of Plaintiffs' retained expert witness. Plaintiffs' original Motion to Compel 29 is DENIED as moot. (SKR, ilcd)

Jan. 11, 2019

Jan. 11, 2019

PACER
34

MOTION for Reconsideration re Order on Motion to Compel,,,,,,,,, by Defendant Illinois Department of Central Management Services. Responses due by 2/27/2019 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Paruchuri, Anupama) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER

Minute Entry for proceedings held 2/14/19 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Rachel Weisberg. Appearance on behalf of defendant by Anu Paruchuri. Telephone Status Conference held. Status of the case discussed. Status Conference set for 3/7/2019 at 10:45 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:31 AM.) (SKR, ilcd)

Feb. 14, 2019

Feb. 14, 2019

PACER
35

MOTION to Compel Written Discovery by Plaintiffs Nicholas Leskovisek, Chad Underwood. Responses due by 3/8/2019 (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Weisberg, Rachel) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
36

RESPONSE to Motion re 34 MOTION for Reconsideration re Order on Motion to Compel,,,,,,,,, filed by Plaintiffs Nicholas Leskovisek, Chad Underwood. (Weisberg, Rachel) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER

~Util - Set/Reset Hearings

March 6, 2019

March 6, 2019

PACER

Order

March 6, 2019

March 6, 2019

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 3/6/19. The status conference set for 3/7/19 at 10:45 AM was scheduled to discuss the pending Motion to Compel 35 . As the response date for the Motion to Compel is not until 3/8/19, the status conference is RESCHEDULED to 3/20/19 at 2:00 PM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (SKR, ilcd)

March 6, 2019

March 6, 2019

PACER
37

ORDER Entered by Magistrate Judge Eric I. Long on 3/6/19 denying 34 Motion for Reconsideration. SEE WRITTEN ORDER. (SKR, ilcd) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
38

MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Compel Written Discovery by Defendants Illinois Department of Central Management Services, Illinois Department of Transportation. Responses due by 3/22/2019 (Paruchuri, Anupama) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER

~Util - Set/Reset Deadlines/Hearings

March 11, 2019

March 11, 2019

PACER

Order

March 11, 2019

March 11, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

March 11, 2019

March 11, 2019

PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/11/2019. Defendants' Motion for Extension of Time 38 is GRANTED. Defendants' deadline to respond to Plaintiffs' Motion to Compel is extended to 3/15/19. The status conference set for 3/20/19 is RESCHEDULED to 3/27/19 at 2:30 PM. (DS, ilcd)

March 11, 2019

March 11, 2019

PACER

~Util - Set/Reset Hearings

March 12, 2019

March 12, 2019

PACER

Order

March 12, 2019

March 12, 2019

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 3/12/19. At the request of the parties, the Status Conference set for March 20, 2019, is RESCHEDULED to April 3, 2019, at 10:30 A.M. by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long.(SKR, ilcd)

March 12, 2019

March 12, 2019

PACER
39

RESPONSE to Motion re 35 MOTION to Compel Written Discovery filed by Defendants Illinois Department of Central Management Services, Illinois Department of Transportation. (Paruchuri, Anupama) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER

~Util - Set/Reset Deadlines/Hearings

April 3, 2019

April 3, 2019

PACER

Status Conference - Referral Judge

April 3, 2019

April 3, 2019

PACER

Order on Motion to Compel

April 3, 2019

April 3, 2019

PACER

1 - Terminate Deadlines and Hearings

April 3, 2019

April 3, 2019

PACER

Set/Reset Hearings

April 3, 2019

April 3, 2019

PACER

Minute Entry for proceedings held 4/3/18 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Rachel Weisberg. Appearance on behalf of defendant by Anupama Paruchuri. Status Conference held by telephone re: 35 Motion to Compel. Motion 35 is granted in part and denied in part as stated on the record. Parties to file proposed amended discovery schedule by 5/1/19. Option for settlement discussed. Status Conference set for 5/2/19 at 10:45 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long ( Other Deadline set for 5/1/2019) (Tape #UR-B 10:32 AM.) (SKR, ilcd) Modified on 4/3/2019 to add status hearing information (SKR, ilcd).

April 3, 2019

April 3, 2019

PACER

Set/Reset Hearings: Status Conference set for 5/2/2019 at 10:45 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (SKR, ilcd)

April 3, 2019

April 3, 2019

PACER
40

Joint MOTION for Extension of Time to Complete Discovery by Plaintiffs Nicholas Leskovisek, Chad Underwood. Responses due by 5/8/2019 (Weisberg, Rachel) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER

~Util - Set/Reset Hearings

April 29, 2019

April 29, 2019

PACER

Order

April 29, 2019

April 29, 2019

PACER

Order on Motion for Extension of Time to Complete Discovery

April 29, 2019

April 29, 2019

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 4/29/19. The Parties' Agreed Motion to Modify Discovery Deadlines 40 is GRANTED. The Final Pretrial Conference is set for 9/11/20 at 11:30 AM in Courtroom A, Urbana, before Judge Colin S. Bruce. Jury Selection/Jury Trial is set for 9/29/20 at 9:00 AM, in Courtroom A, Urbana, before Judge Colin S. Bruce. The Court advises the parties that this is a FIRM trial setting. (SKR, ilcd)

April 29, 2019

April 29, 2019

PACER

Status Conference - Referral Judge

May 2, 2019

May 2, 2019

PACER

Minute Entry for proceedings held 5/2/2019 before Magistrate Judge Eric I. Long. Appearance for the Plaintiffs by Rachel Weisberg. Appearance for Defendants by Anupama Paruchuri. Status Conference held by telephone. Status of case discussed. (Tape #UR-B: 10:38 AM.) (KE, ilcd)

May 2, 2019

May 2, 2019

PACER
41

NOTICE of Appearance of Attorney by Joseph Dennis Bracey, Jr on behalf of Illinois Department of Central Management Services, Illinois Department of Transportation (Bracey, Joseph) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
42

MOTION to Substitute Attorney, Anupama Paruchuri to be replaced by Joseph Bracey, by Defendants Illinois Department of Central Management Services, Illinois Department of Transportation. Responses due by 7/17/2019 (Bracey, Joseph) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER

Order on Motion to Substitute Attorney

July 8, 2019

July 8, 2019

PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 7/8/19. Defendants' Motion to Substitute Counsel 42 is GRANTED. The Court directs the Clerk to terminate Attorney Anupama Paruchuri from this case. (KM, ilcd)

July 8, 2019

July 8, 2019

PACER
43

STATUS REPORT (Parties' Joint Statement Regarding Discovery Disputes) by Nicholas Leskovisek, Chad Underwood. (Weisberg, Rachel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER

~Util - Set/Reset Hearings

Jan. 28, 2020

Jan. 28, 2020

PACER

Order

Jan. 28, 2020

Jan. 28, 2020

PACER

TEXT ORDER Entered by Magistrate Judge Eric I. Long on 1/28/20. A Status Conference is set for 1/31/2020 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (SKR, ilcd)

Jan. 28, 2020

Jan. 28, 2020

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Disability Rights

Equal Employment

Key Dates

Filing Date: Oct. 31, 2017

Closing Date: July 28, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

two individuals with disabilities.

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

Illinois Dep't of Transportation, State

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

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

Voluntary Dismissal

Issues

Disability and Disability Rights:

Autism

Mental impairment

Reasonable Accommodations

Discrimination Area:

Accommodation / Leave

Discrimination Basis:

Disability (inc. reasonable accommodations)