Case: Ruderman v. McHenry County

COMPLAINT FORCED LABOR CLASS ACTION filed by Aleksey Ruderman; Jury Demand. Filing fee $ 402, receipt number 0752-19348553. (Attachments: # 1 Civil Cover Sheet)(Kumar, Jay) (Entered: 04/15/2022)

1 Civil Cover Sheet

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ATTORNEY Appearance for Plaintiffs Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman by Raphael Janove (Janove, Raphael) (Entered: 04/15/2022)

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. (jp, )

CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (jp, )

ATTORNEY Appearance for Plaintiffs Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman by Jacob S. Briskman (Briskman, Jacob) (Entered: 04/22/2022)

SUMMONS Issued as to Defendant McHenry County (ey, )

SUMMONS Issued as to Defendant Bill Prim (dxb, )

ATTORNEY Appearance for Plaintiffs Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman by Adam Pollock (Pollock, Adam) (Entered: 05/04/2022)

SUMMONS Returned Executed by Chris Pocknell, Jahat Evelyn, Jason Clarke, Basaru Asolo, Aleksey Ruderman, James Forero as to McHenry County on 5/12/2022, answer due 6/2/2022. (Kumar, Jay) (Entered: 05/17/2022)

SUMMONS Returned Executed by Chris Pocknell, Jahat Evelyn, Jason Clarke, Basaru Asolo, Aleksey Ruderman, James Forero as to Bill Prim on 5/12/2022, answer due 6/2/2022. (Kumar, Jay) (Entered: 05/17/2022)

MINUTE entry before the Honorable Margaret J. Schneider: Initial telephonic status hearing set for 06/22/22 at 9:15 a.m. The Court will be utilizing the Cisco Webex platform. Public access is available via the following call-in number: 1-(650)-479-3207 and enter ACCESS CODE: 180-822-8235#. Plaintiff and lead defense counsel with full knowledge of the case must appear at the initial status hearing. The parties shall jointly complete the PDF fillable initial status report form found on Judge Schneider's webpage and file by 06/15/22. Counsel of record will receive an email the day prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice. (jxk) (Entered: 05/18/2022)

MOTION by Defendants McHenry County, Bill Prim for extension of time to file answer regarding complaint 1 (Blake Dickson, Jana) (Entered: 05/26/2022)

ATTORNEY Appearance for Defendants McHenry County, Bill Prim by Jana E. Blake Dickson (Blake Dickson, Jana) (Entered: 05/26/2022)

ATTORNEY Appearance for Defendants McHenry County, Bill Prim by Eric T. Seeleman (Seeleman, Eric) (Entered: 05/26/2022)

MINUTE entry before the Honorable Margaret J. Schneider: Defendants' unopposed motion for extension of time 8, is granted. Defendants have until 07/18/22 to answer or otherwise plead to Plaintiff's complaint. Initial status report due 06/15/22 and initial status conference set for 06/22/22 are stricken. Initial telephonic status hearing now set for 08/02/22 at 9:15 a.m. The Court will be utilizing the Cisco Webex platform. Public access is available via the following call-in number: 1-(650)-479-3207 and enter ACCESS CODE: 180-822-8235#. Plaintiff and lead defense counsel with full knowledge of the case must appear at the initial status hearing. The parties shall jointly complete the PDF fillable initial status report form found on Judge Schneider's webpage and now file by 07/26/22. Counsel of record will receive an email the day prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice. (jxk) (Entered: 05/27/2022)

Western Division ADR Notification (jp, ) (Entered: 05/27/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants McHenry County, Bill Prim (Blake Dickson, Jana) (Entered: 07/18/2022)

MEMORANDUM by McHenry County, Bill Prim in support of Motion to Dismiss for Failure to State a Claim 13 (Blake Dickson, Jana) (Entered: 07/18/2022)

MINUTE entry before the Honorable Margaret J. Schneider: As to Defendants' Motion to Dismiss 13, Plaintiffs have until 08/18/22 to respond. Defendants have until 09/01/22 to reply. Mailed notice. (jxk) (Entered: 07/19/2022)

STATUS Report Joint Initial Status Report by Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman (Kumar, Jay) (Entered: 07/26/2022)

ATTORNEY Appearance for Plaintiffs Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman by Margaret Emily Truesdale (Truesdale, Margaret) (Entered: 07/29/2022)

ATTORNEY Appearance for Plaintiffs Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman by Charles David Wysong (Wysong, Charles) (Entered: 07/29/2022)

ATTORNEY Appearance for Plaintiffs Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman by Elizabeth N. Mazur (Mazur, Elizabeth) (Entered: 07/29/2022)

MINUTE entry before the Honorable Margaret J. Schneider: Initial telephonic status hearing held on 08/02/22 to discuss the status of the case. Plaintiff's counsel reported Plaintiff intends to file an amended complaint by 08/09/22. A telephonic status conference is set for 09/01/22 at 10:30 a.m. The Court will be utilizing the Cisco Webex platform. Public access is available via the following call-in number: 1-(650)-479-3207 and enter ACCESS CODE: 180-822-8235#. Plaintiff and lead defense counsel with full knowledge of the case must appear at the initial status hearing. Counsel of record will receive an email the day prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice. (jxk) (Entered: 08/02/2022)

FIRST AMENDED complaint by Chris Pocknell, Jahat Evelyn, Jason Clarke, Basaru Asolo, Aleksey Ruderman, James Forero against All Defendants First Amended Class Action Complaint for Forced Labor (Attachments: # 1 Appendix A)(Truesdale, Margaret) (Entered: 08/09/2022)

1 Appendix A

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ALIAS SUMMONS Issued as to Defendants Michael Clesceri, David Devane, McHenry County, McHenry County Sheriff's Office, Keith Nygren, Bill Prim, Daniel Sedlock, Daniel Sitkie (smb, )

SUMMONS Returned Executed by Chris Pocknell, Jahat Evelyn, Jason Clarke, Basaru Asolo, Aleksey Ruderman, James Forero as to Keith Nygren on 8/17/2022, answer due 9/7/2022. (Truesdale, Margaret) (Entered: 08/18/2022)

SUMMONS Returned Executed by Chris Pocknell, Jahat Evelyn, Jason Clarke, Basaru Asolo, Aleksey Ruderman, James Forero as to David Devane on 8/18/2022, answer due 9/8/2022. (Truesdale, Margaret) (Entered: 08/19/2022)

SUMMONS Returned Executed by Chris Pocknell, Jahat Evelyn, Jason Clarke, Basaru Asolo, Aleksey Ruderman, James Forero as to Michael Clesceri on 8/24/2022, answer due 9/14/2022; McHenry County Sheriff's Office on 8/24/2022, answer due 9/14/2022; Daniel Sedlock on 8/24/2022, answer due 9/14/2022; Daniel Sitkie on 8/24/2022, answer due 9/14/2022. (Truesdale, Margaret) (Entered: 08/31/2022)

MINUTE entry before the Honorable Margaret J. Schneider: The Court strikes the telephonic status conference set for 09/01/22 at 10:30 a.m. and resets it to 09/27/22 at 9:30 a.m. The Court will be utilizing the Cisco Webex platform. Public access is available via the following call-in number: 1-(650)-479-3207 and enter ACCESS CODE: 180-822-8235#. All counsel are directed to appear. Counsel of record will receive an email the day prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice. (jxk) (Entered: 08/31/2022)

MINUTE entry before the Honorable Margaret J. Schneider: In light of the filing of Plaintiff's first amended complaint 21, the Court strikes Defendants' motion to dismiss 13 . Mailed notice. (jxk) (Entered: 08/31/2022)

MOTION by Attorney Jana Blake Dickson to withdraw as attorney for Michael Clesceri, David Devane, McHenry County, McHenry County Sheriff's Office, Keith Nygren, Bill Prim, Daniel Sedlock, Daniel Sitkie. No party information provided (Blake Dickson, Jana) (Entered: 09/07/2022)

ATTORNEY Appearance for Defendants Michael Clesceri, David Devane, McHenry County, McHenry County Sheriff's Office, Keith Nygren, Bill Prim, Daniel Sedlock, Daniel Sitkie by Andrew Garrison Hamilton (Hamilton, Andrew) (Entered: 09/08/2022)

MINUTE entry before the Honorable Margaret J. Schneider: Defendants' Motion for Leave to Withdraw and Substitute Attorneys 27 is granted. The Clerk is directed to terminate Attorney Jana E. Blake Dickson's appearance from the docket. Mailed notice. (jxk) (Entered: 09/08/2022)

MINUTE entry before the Honorable Margaret J. Schneider: All Defendants' answers or other responses are overdue. The Court on its own motion extends the time for Defendants to answer or otherwise respond to Plaintiff's first amended complaint to 10/06/22. The Court strikes the 09/27/22 telephonic status conference. The Court will set further dates after Defendants answer or respond. Mailed notice. (jxk) (Entered: 09/15/2022)

MOTION by Plaintiffs Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman to set a briefing schedule Plaintiffs' Agreed Motion to Set Briefing Schedule on Defendants' Motion to Dismiss (Attachments: # 1 Exhibit A)(Truesdale, Margaret) (Entered: 09/23/2022)

MINUTE entry before the Honorable Margaret J. Schneider: Plaintiffs' Agreed Motion to Set Briefing Schedule on Defendants' Motion to Dismiss 31, is granted. Defendants are to file their motion to dismiss by 10/06/22. Plaintiffs shall file their response by 10/27/22. Defendants shall file their reply by 11/10/22. Additionally, the Court directs the parties to file a proposed case management order by 11/21/22. The Court will set further dates following the case management order. Mailed notice. (jxk) (Entered: 09/26/2022)

ATTORNEY Appearance for Defendants Michael Clesceri, David Devane, McHenry County Sheriff's Office, Keith Nygren, Daniel Sedlock, Daniel Sitkie by Eric T. Seeleman (Seeleman, Eric) (Entered: 10/05/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants McHenry County, McHenry County Sheriff's Office, Keith Nygren, Bill Prim, Daniel Sedlock, Daniel Sitkie (Seeleman, Eric) (Entered: 10/06/2022)

MEMORANDUM by Michael Clesceri, David Devane, McHenry County, McHenry County Sheriff's Office, Keith Nygren, Bill Prim, Daniel Sedlock, Daniel Sitkie in support of Motion to Dismiss for Failure to State a Claim 34 (Seeleman, Eric) (Entered: 10/06/2022)

MOTION by Plaintiffs Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman to set a briefing schedule Plaintiffs' Agreed Motion to Extend Deadline for Plaintiffs' Response to Defendants' Motion to Dismiss (Attachments: # 1 Exhibit A)(Truesdale, Margaret) (Entered: 10/25/2022)

MINUTE entry before the Honorable Margaret J. Schneider: Plaintiffs' agreed motion to extend deadline for Plaintiffs' response to Defendants' motion to dismiss 36 is granted. Plaintiffs now have until 11/10/22 to file their response. Defendants have until 12/02/22 to reply. Mailed notice. (jxk) (Entered: 10/26/2022)

MOTION by Plaintiffs Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman for leave to file excess pages Plaintiffs' Motion for Leave to Exceed the Fifteen-Page Limit on Their Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Complaint (Truesdale, Margaret) (Entered: 11/08/2022)

Plaintiffs' Notice of Defendants' Non-Opposition to Plaintiffs' Motion for Leave to Exceed the Page Limit by Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman (Truesdale, Margaret) (Entered: 11/09/2022)

MINUTE entry before the Honorable Margaret J. Schneider: Plaintiffs unopposed motion for leave to exceed the fifteen-page limit on their memorandum of law in opposition to Defendants' motion to dismiss the complaint 38 is granted. Mailed notice. (jxk) (Entered: 11/09/2022)

ATTORNEY Appearance for Defendants Michael Clesceri, David Devane, McHenry County, McHenry County Sheriff's Office, Keith Nygren, Bill Prim, Daniel Sedlock, Daniel Sitkie by Thomas Patrick Cahill (Cahill, Thomas) (Entered: 11/10/2022)

MOTION by Attorney Eric Seeleman to withdraw as attorney for Michael Clesceri, David Devane, McHenry County, McHenry County Sheriff's Office, Keith Nygren, Bill Prim, Daniel Sedlock, Daniel Sitkie. No party information provided, MOTION by Defendants Michael Clesceri, David Devane, McHenry County, McHenry County Sheriff's Office, Keith Nygren, Bill Prim, Daniel Sedlock, Daniel Sitkie to substitute attorney (Seeleman, Eric) (Entered: 11/10/2022)

MINUTE entry before the Honorable Margaret J. Schneider: Motion for Leave to Withdraw and Substitute Attorneys 42, is granted. The Clerk is directed to terminate the appearance of Attorney Eric Seeleman from the docket. Mailed notice. (jxk) (Entered: 11/10/2022)

MEMORANDUM by Basaru Asolo, Jason Clarke, Jahat Evelyn, James Forero, Chris Pocknell, Aleksey Ruderman in Opposition to Motion to Dismiss for Failure to State a Claim 34 (Attachments: # 1 Exhibit Unpublished Cases)(Janove, Raphael) (Entered: 11/10/2022)

Extension of Time

Order on Motion for Extension of Time

Miscellaneous Relief

Order on Motion for Miscellaneous Relief

Local Rule 3.2 Annual Reminder Order

MEMORANDUM Opinion and Order; Defendants' Motion to Dismiss 34 is granted in part and denied in part. Plaintiffs Ruderman, Clarke, Evelyn, Forero, and Pocknell's' ITVPA and unjust enrichment claims against Defendants are dismissed without prejudice. Plaintiff Asolo's ITVPA and unjust enrichment claim can proceed. All TVPA claims can also proceed. See the attachment for details. Signed by the Honorable Iain D. Johnston on 1/9/2023: (yxp, )

Protective Order

Order on Motion for Protective Order

Order

Compel