Case: Shipp v. Gomez

1:22-cv-00888 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 17, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the inhumane and unsanitary living conditions in the Illinois Department of Corrections’ Northern Reception and Classification Center (the Center), a facility intended to provide short-term housing for individuals before transferring them to more permanent prison facilities. On February 17, 2022, an incarcerated person filed this class action lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued the Center’s warden and the Center…

This is a case challenging the inhumane and unsanitary living conditions in the Illinois Department of Corrections’ Northern Reception and Classification Center (the Center), a facility intended to provide short-term housing for individuals before transferring them to more permanent prison facilities. On February 17, 2022, an incarcerated person filed this class action lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued the Center’s warden and the Center’s director under 42 U.S.C. § 1983. Represented by private counsel and Uptown People’s Law Center, the plaintiff sought declaratory and injunctive relief, as well as costs and fees. He claimed that living conditions at the Center—including vermin infestations, uncontained sewage, rotten food, lack of access to cleaning supplies, and lack of out-of-cell exercise time—violated the Eighth Amendment’s prohibition against cruel and unusual punishment and the due process and equal protection clauses of the Fourteenth Amendment. The plaintiff sought class certification of “all individuals incarcerated at the NRC at any time since January 1, 2020 and all the individuals who will be housed at the NRC in the future.” 

The case was assigned to Judge Robert M. Dow, Jr., and Magistrate Judge Gabriel A. Fuentes. It is ongoing as of March 9, 2022.  

Summary Authors

Laura Irei (3/17/2022)

Documents in the Clearinghouse

Document
1

1:22-cv-00888

Complaint

Feb. 17, 2022

Feb. 17, 2022

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63046635/shipp-v-gomez/

Last updated March 13, 2023, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Gregory Shipp; Jury Demand. Filing fee $ 402, receipt number 0752-19169129.(Mascherin, Terri) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

Clearinghouse
2

CIVIL Cover Sheet (Mascherin, Terri) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
3

ATTORNEY Appearance for Plaintiff Gregory Shipp by Terri Lynn Mascherin (Mascherin, Terri) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
4

ATTORNEY Appearance for Plaintiff Gregory Shipp by Benjamin J. Bradford (Bradford, Benjamin) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

RECAP

CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (ey, )

Feb. 17, 2022

Feb. 17, 2022

PACER

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ey, )

Feb. 17, 2022

Feb. 17, 2022

PACER

SUMMONS Issued as to Defendants David Gomez, Rob Jeffreys (ak, )

Feb. 22, 2022

Feb. 22, 2022

PACER

SUMMONS Issued as to Defendants David Gomez, Rob Jeffreys (ak, )

Feb. 22, 2022

Feb. 22, 2022

PACER
5

ATTORNEY Appearance for Plaintiff Gregory Shipp by Nicole Rae Schult (Schult, Nicole)

Feb. 25, 2022

Feb. 25, 2022

PACER
6

ATTORNEY Appearance for Plaintiff Gregory Shipp by Alan S. Mills (Mills, Alan)

Feb. 25, 2022

Feb. 25, 2022

PACER
7

ATTORNEY Appearance for Defendants David Gomez, Rob Jeffreys by Kristin K. Lindemann (Lindemann, Kristin)

March 3, 2022

March 3, 2022

PACER
8

SUMMONS Returned Executed by Gregory Shipp as to David Gomez on 2/24/2022, answer due 3/17/2022. (Mascherin, Terri)

March 8, 2022

March 8, 2022

RECAP
9

SUMMONS Returned Executed by Gregory Shipp as to Rob Jeffreys on 2/22/2022, answer due 3/15/2022. (Mascherin, Terri)

March 8, 2022

March 8, 2022

RECAP
10

MOTION by Defendants David Gomez, Rob Jeffreys for extension of time to file answer regarding complaint[1] (Lindemann, Kristin)

March 14, 2022

March 14, 2022

PACER
11

ATTORNEY Appearance for Plaintiff Gregory Shipp by Lindsey Anne Lusk (Lusk, Lindsey)

March 15, 2022

March 15, 2022

RECAP
12

ATTORNEY Appearance for Plaintiff Gregory Shipp by Alexander Edward Cottingham (Cottingham, Alexander)

March 15, 2022

March 15, 2022

RECAP
13

ATTORNEY Appearance for Plaintiff Gregory Shipp by Arianne R. Wilt (Wilt, Arianne)

March 15, 2022

March 15, 2022

RECAP
14

MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' motion for extension of time to file responsive pleading [10] is granted to and including 4/15/2022. Joint status report is due no later than 4/22/2022. See Judge Dow's web page for requested details to be reported in joint status report. Emailed notice (cdh, )

March 17, 2022

March 17, 2022

PACER
15

MOTION by Plaintiff Gregory Shipp for leave to file First Amended Complaint (Mascherin, Terri)

March 31, 2022

March 31, 2022

PACER
16

NOTICE of Motion by Terri Lynn Mascherin for presentment of motion for leave to file[15] before Honorable Robert M. Dow Jr. on 4/11/2022 at 09:15 AM. (Mascherin, Terri)

April 5, 2022

April 5, 2022

PACER
17

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for leave to file first amended complaint 15 is granted consistent with the liberal standard for amending pleadings under FRCP 15(a). Notice of motion date of 4/11/2022 is stricken and no appearances are necessary on that date. Summonses shall issue to Defendants David Gomez and Rob Jeffreys. Emailed notice (cdh, ) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
18

FIRST AMENDED complaint by Gregory Shipp, Christopher Dixon, Eric Johnson, Zachary Johnson against David Gomez, Rob Jeffreys (Attachments: # 1 Redline Version of Amended Complaint)(Mascherin, Terri) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
19

ATTORNEY Appearance for Plaintiff Gregory Shipp by Karolina Lucyna Bartosik (Bartosik, Karolina) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

RECAP
20

ATTORNEY Appearance for Plaintiff Gregory Shipp by Emily Anne Merrifield (Merrifield, Emily) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

RECAP
21

ATTORNEY Appearance for Plaintiffs Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp by Garrett Salzman (Salzman, Garrett) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
22

ATTORNEY Appearance for Plaintiffs Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp by Steven J. Tinetti (Tinetti, Steven) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

RECAP
23

MOTION by Defendants David Gomez, Rob Jeffreys for extension of time to file answer regarding amended complaint 18 (Lindemann, Kristin) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
24

MOTION by Plaintiffs Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp for extension of time / Joint Motion for Extension of Time to Submit Status Report (Bradford, Benjamin) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
25

MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' motion for extension of time to file responsive pleading 23 is granted to and including 4/28/2022. Joint motion to extend time to file joint status report 24 is granted to and including 4/29/2022. Emailed notice (cdh, ) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
26

Defendants' ANSWER to amended complaint And Affirmative Defenses by David Gomez, Rob Jeffreys(Lindemann, Kristin) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
27

STATUS Report / Joint Initial Status Report by Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp (Mascherin, Terri) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

RECAP
28

MOTION by Plaintiffs Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp for preliminary injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit A - To Exhibit 2, # 4 Exhibit 3, # 5 Exhibit A - To Exhibit 3, # 6 Exhibit 4, # 7 Exhibit A - To Exhibit 4, # 8 Exhibit 5, # 9 Exhibit A - To Exhibit 5, # 10 Exhibit B - To Exhibit 5, # 11 Exhibit C - To Exhibit 5, # 12 Exhibit D - To Exhibit 5, # 13 Exhibit E - To Exhibit 5)(Bradford, Benjamin) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
29

MOTION by Plaintiffs Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp for leave to file excess pages / Plaintiffs' Unopposed Motion for Leave to File a Memorandum of Law in Excess of 15 pages (Attachments: # 1 Exhibit 1)(Bradford, Benjamin) (Entered: 05/17/2022)

1 Exhibit 1

View on PACER

May 17, 2022

May 17, 2022

RECAP
30

MOTION by Plaintiffs Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp to certify class / Plaintiffs' Motion for Class Certification Responses due by 9/9/2022 (Bradford, Benjamin) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
31

MOTION by Plaintiffs Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp for discovery / Plaintiffs' Motion for Expedited Discovery and Supporting Memorandum (Attachments: # 1 Exhibit 1)(Bradford, Benjamin) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
32

NOTICE of Motion by Benjamin J. Bradford for presentment of motion for preliminary injunction,, 28 before Honorable Robert M. Dow Jr. on 5/23/2022 at 09:15 AM. (Bradford, Benjamin) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
33

NOTICE of Motion by Benjamin J. Bradford for presentment of motion for leave to file excess pages, 29 before Honorable Robert M. Dow Jr. on 5/23/2022 at 09:15 AM. (Bradford, Benjamin) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
34

NOTICE of Motion by Benjamin J. Bradford for presentment of motion to certify class 30 before Honorable Robert M. Dow Jr. on 5/23/2022 at 09:15 AM. (Bradford, Benjamin) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
35

NOTICE of Motion by Benjamin J. Bradford for presentment of motion for discovery 31 before Honorable Robert M. Dow Jr. on 5/23/2022 at 09:15 AM. (Bradford, Benjamin) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
36

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' motions [28, 29, 30, 31] will be heard telephonically on 5/23/2022 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice (cdh, ) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
37

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Gabriel A. Fuentes. Signed by Executive Committee on 5/23/2022.(ph, ) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
38

MINUTE entry before the Honorable Gabriel A. Fuentes: This matter has been referred to Magistrate Judge Fuentes for the purpose of holding proceedings related to: all discovery motions, discovery supervision, a settlement conference, including ruling on plaintiff's motion for expedited discovery (doc. # 31 ), to set a briefing schedule on plaintiff's motions for preliminary injunction (doc. # 28 ) and for class certification (doc. # 30 ), and to set deadlines on any discovery. Due to a conflict, Magistrate Judge Fuentes hereby recuses himself from this case. The referral is hereby terminated. Recusal order to follow. Mailed notice. (jj, ) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
39

MINUTE entry before the Honorable Robert M. Dow, Jr: Motions heard telephonically. Plaintiffs' unopposed motion for leave to file a memorandum of law in excess of 15 pages 29 is granted. Plaintiffs' motion for expedited discovery and supporting memorandum 31 is referred to the Magistrate Judge along with all discovery motions, discovery supervision, and settlement conference if requested by the parties. Magistrate Judge to set deadlines on discovery and set a briefing schedule on pending motions 28 and 30 . Plaintiffs' motions for preliminary injunction 28 and for class certification 30 are taken under advisement. Emailed notice (cdh, ) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
40

MEMORANDUM by Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp in support of motion for preliminary injunction,, 28 (Bradford, Benjamin) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

RECAP
41

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Maria Valdez. Signed by Executive Committee on 5/24/2022. (ph, ) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
42

MINUTE entry before the Honorable Maria Valdez: This matter has been referred to Judge Valdez for discovery supervision, motions, and scheduling, to conduct a settlement conference, and to set a briefing schedule on Plaintiffs' Motion for Preliminary Injunction 28 and Plaintiffs' Motion for Class Certification 30 . No later than 5/27/22, the parties are to file an agreed briefing schedule on those motions as well as the pending Plaintiffs' Motion for Expedited Discovery 31, which is referred to this Court. Mailed notice (lp, ) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
43

MINUTE entry before the Honorable Maria Valdez: On 5/24/22, the parties were ordered to file agreed briefing schedules for the three pending motions. To date, the parties have not filed schedules or a motion to extend the deadline. They must file the schedules as previously requested no later than 6/3/22. Mailed notice (lp, ) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
44

ATTORNEY Appearance for Plaintiffs Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp by Sarah Elizabeth Blair (Blair, Sarah) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
45

STIPULATION and Joint Proposed Briefing Schedule (Bradford, Benjamin) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
46

MINUTE entry before the Honorable Maria Valdez: The parties advise they have resolved Plaintiffs' Motion for Expedited Discovery 31, which is therefore denied as moot. They stipulate that responses to any discovery requests served on or before 6/2/22, including all documents to be produced in response to such discovery requests, are due within 30 days of service of those requests. Responses to any discovery requests served after 6/2/22, including all documents to be produced in response to such discovery requests, are due within 20 days of service of those requests. However, in no event will a response to any discovery request be due before 7/8/22, regardless of the day on which the discovery request is served. The parties do not waive their right to object to discovery requests. Plaintiffs' Motion for Class Certification 30 and Motion for Preliminary Injunction 28 are entered and continued pending the completion of related discovery. The parties are to file a joint status report no later than 8/1/22 advising discovery progress and providing a proposed briefing schedule on the pending motions, if necessary. Mailed notice (lp, ) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
47

MOTION by Attorney Arianne R. Wilt to withdraw as attorney for Christopher Dixon, Eric Johnson, Zachary Johnson, Gregory Shipp. No party information provided (Wilt, Arianne) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
48

NOTICE of Motion by Arianne R. Wilt for presentment of motion to withdraw as attorney 47 before Honorable Robert M. Dow Jr. on 8/1/2022 at 09:00 AM. (Wilt, Arianne) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
49

ORDER: Motion by Attorney Arianne R. Wilt to withdraw as attorney for Christopher Dixon, Eric Johnson, Zachary Johnson, and Gregory Shipp 47 is granted. Notice of motion date of 8/1/2022 is stricken and no appearances are necessary on that date. Signed by the Honorable Robert M. Dow, Jr on 7/14/2022. Mailed notice (ph, ) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
52

Protective Order

Sept. 2, 2022

Sept. 2, 2022

PACER
53

Order on Motion for Protective Order

Sept. 6, 2022

Sept. 6, 2022

PACER
54

Protective Order

Sept. 6, 2022

Sept. 6, 2022

PACER
58

Order on Motion to Certify Class AND Order on Motion for Preliminary Injunction

Oct. 28, 2022

Oct. 28, 2022

PACER
61

Local Rule 3.2 Annual Reminder Order

Dec. 30, 2022

Dec. 30, 2022

PACER
64

Withdraw as Attorney

Feb. 22, 2023

Feb. 22, 2023

PACER
65

Order on Motion to Withdraw as Attorney

Feb. 23, 2023

Feb. 23, 2023

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 17, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An incarcerated person of the Illinois Department of Corrections’ Northern Reception and Classification Center seeking class certification for “all individuals incarcerated at the NRC at any time since January 1, 2020 and all the individuals who will be housed at the NRC in the future.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Director of the Northern Reception and Classification Center (Will), State

Warden of the Northern Reception and Classification Center (Will), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Conditions of confinement

Food service / nutrition / hydration

Sanitation / living conditions

Totality of conditions

Type of Facility:

Government-run