Case: Smith v. City of Chicago

U.S. Court of Appeals for the Seventh Circuit

Alvarez v. Smith

Supreme Court of the United States

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT filed by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez. (td, ) (Entered: 11/28/2006)

CIVIL Cover Sheet. (td, ) (Entered: 11/28/2006)

ATTORNEY Appearance for Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez by Thomas M. Peters. (td, ) (Entered: 11/28/2006)

ATTORNEY Appearance for Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez by Jayne Anne Ingles. (td, ) (Entered: 11/28/2006)

ATTORNEY Appearance for Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez by Kevin R. Peters. (td, ) (Entered: 11/28/2006)

SUMMONS Issued as to Defendants City Of Chicago, Philip J Cline, Richard Devine. (td, ) (Entered: 11/28/2006)

SUMMONS Returned Executed by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez as to Philip J Cline on 12/1/2006, answer due 12/21/2006. (Peters, Thomas) (Entered: 12/18/2006)

SUMMONS Returned Executed by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez as to City Of Chicago on 11/28/2006, answer due 12/18/2006. (Peters, Thomas) (Entered: 12/18/2006)

SUMMONS Returned Executed by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez (Attachments: # 1 Certificate of Service Notice to Process Server)(Peters, Thomas) (Entered: 12/18/2006)

ATTORNEY Appearance for Defendant Richard Devine by John P. Heil, Jr (Heil, John) (Entered: 12/21/2006)

MOTION by Defendant Richard Devine for extension of time to file answer, move or otherwise plead (Heil, John) (Entered: 12/21/2006)

NOTICE of Motion by John P. Heil, Jr for presentment of motion for extension of time to file answer 12 before Honorable Elaine E. Bucklo on 12/28/2006 at 09:15 AM. (Heil, John) (Entered: 12/21/2006)

MINUTE entry before Judge Elaine E. Bucklo :Moving defendant's motion for extension of time until 1/29/07 to answer or otherwise plead 12 is granted.Scheduling Conference set for 2/16/2007 at 09:45 AM.At least three days prior to the conference, the parties shall meet and submit to the court a report in the form found on Judge Bucklo's web page under Report of Parties' Planning Meeting.Mailed notice (mpj, ) (Entered: 12/22/2006)

ATTORNEY Appearance for Defendants City Of Chicago, Philip J Cline by Allan T. Slagel (Slagel, Allan) (Entered: 12/26/2006)

MOTION by Defendants City Of Chicago, Philip J Cline for extension of time to file answer regarding complaint 1 or file other responsive pleading (Slagel, Allan) (Entered: 12/26/2006)

NOTICE of Motion by Allan T. Slagel for presentment of motion for extension of time to file answer, motion for relief 16 before Honorable Elaine E. Bucklo on 1/3/2007 at 09:15 AM. (Slagel, Allan) (Entered: 12/26/2006)

ATTORNEY Appearance for Defendants City Of Chicago, Philip J Cline by Kim Renee Walberg (Walberg, Kim) (Entered: 12/26/2006)

MINUTE entry before Judge Elaine E. Bucklo :Moving defendants' motion for extension of time until 2/9/07 to answer or otherwise plead 16 is granted.Mailed notice (mpj, ) (Entered: 12/29/2006)

ATTORNEY Appearance for Defendants City Of Chicago, Philip J Cline by Suzanne L Sias (Sias, Suzanne) (Entered: 01/03/2007)

MOTION by Defendant Richard Devine for extension of time to file answer, move or otherwise plead (Heil, John) (Entered: 01/25/2007)

NOTICE of Motion by John Paul Heil, Jr for presentment of motion for extension of time to file answer 21 before Honorable Elaine E. Bucklo on 1/30/2007 at 09:15 AM. (Heil, John) (Entered: 01/25/2007)

MINUTE entry before Judge Elaine E. Bucklo :Defendant Richard Devine's motion for extension of time until 2/20/07 to to answer or otherwise plead 21 is granted.Scheduling Conference set for 2/16/07 is reset for 3/9/2007 at 09:45 AM.Mailed notice (mpj, ) (Entered: 01/25/2007)

MOTION by Defendants City Of Chicago, Philip J Cline for extension of time to file answer regarding complaint 1 or otherwise plead (Attachments: # 1 Exhibit 1)(Slagel, Allan) (Entered: 02/02/2007)

NOTICE of Motion by Allan T. Slagel for presentment of motion for extension of time to file answer, motion for relief 24 before Honorable Elaine E. Bucklo on 2/8/2007 at 09:15 AM. (Slagel, Allan) (Entered: 02/02/2007)

MINUTE entry before Judge Elaine E. Bucklo :Defendants' motion for extension of time until 2/20/07 to to answer or otherwise plead 24 is granted.Mailed notice (mpj, ) (Entered: 02/05/2007)

MINUTE entry before Judge Elaine E. Bucklo :Scheduling Conference set for 3/15/2007 at 09:30 AM. At least three days prior to the conference, the parties shall meet and submit to the court a report in the form found on Judge Bucklo's web page under Report of Parties' Planning Meeting.Mailed notice (mpj, ) (Entered: 02/12/2007)

MOTION by Defendants City Of Chicago, Philip J Cline to dismiss Plaintiffs' Class Action Complaint (Slagel, Allan) (Entered: 02/16/2007)

MEMORANDUM by City Of Chicago, Philip J Cline in support of motion to dismiss 28 (Attachments: # 1 Exhibit A)(Slagel, Allan) (Entered: 02/16/2007)

CERTIFICATE OF SERVICE and NOTICE of Motion by Allan T. Slagel for presentment of motion to dismiss 28 before Honorable Elaine E. Bucklo on 2/22/2007 at 09:30 AM. (Slagel, Allan) (Entered: 02/16/2007)

MOTION by Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez to certify class (Peters, Thomas) (Entered: 02/16/2007)

NOTICE of Motion by Thomas M. Peters for presentment of motion to certify class 31 before Honorable Elaine E. Bucklo on 2/22/2007 at 09:30 AM. (Peters, Thomas) (Entered: 02/16/2007)

MOTION by Defendant Richard Devine to dismiss (Heil, John) (Entered: 02/20/2007)

NOTICE of Motion by John Paul Heil, Jr for presentment of motion to dismiss 33 before Honorable Elaine E. Bucklo on 2/26/2007 at 09:30 AM. (Heil, John) (Entered: 02/20/2007)

MEMORANDUM by Richard Devine in support of motion to dismiss 33 (Heil, John) (Entered: 02/20/2007)

RESPONSE by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez to MOTION by Defendant Richard Devine to dismiss 33 (Peters, Thomas) (Entered: 02/21/2007)

NOTICE by all plaintiffs re response to motion 36 (Peters, Thomas) (Entered: 02/21/2007)

MINUTE entry before Judge Elaine E. Bucklo :Defendants motions (28 and 33) to dismiss complaint heard and the motions are granted. As plaintiffs counsel admits, this court is bound by the decision in Jones Vs. Takaki, 38 F. 3rd 321 (7th Cir. 1994) plaintiffs' motion to certify class (31) is denied as moot. ; Civil case terminated. Mailed notice (mpj, ) (Entered: 02/22/2007)

ENTERED JUDGMENT Signed by Judge Elaine E. Bucklo on 2/22/2007:Mailed notice(mpj, ) (Entered: 02/22/2007)

NOTICE of appeal by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez regarding orders 38, 39 ; Filing fee $ 455.00 paid; Receipt number 106469 (dj, ) (Entered: 03/19/2007)

DOCKETING Statement by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez regarding notice of appeal 40 (dj, ) (Entered: 03/19/2007)

TRANSMITTED to the 7th Circuit the short record on 3/19/07 notice of appeal 40 . Notified counsel (dj, ) (Entered: 03/19/2007)

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 40 ; USCA Case No. 07-1599. (gej, ) (Entered: 03/22/2007)

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 40 ; USCA Case No. 07-1599. (gej, ) (Entered: 03/21/2007)

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 40 (USCA no. 07-1599) consisting of 1 volume of pleadings. (dj, ) (Entered: 04/05/2007)

USCA RECEIVED on 4/5/07 the long record regarding notice of appeal 40 (dj, ) (Entered: 04/09/2007)

MINUTE entry before Judge Honorable Elaine E. Bucklo: Status hearing set for 5/22/2008 at 09:30 AM.Mailed notice (mpj, ) (Entered: 05/02/2008)

MINUTE entry before the Honorable Elaine E. Bucklo: Status hearing held and continued to 7/2/2008 at 10:00a.m.Mailed notice (slb, ) (Entered: 05/22/2008)

MOTION by Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez to certify class (AMENDED) (Peters, Thomas) (Entered: 06/19/2008)

NOTICE of Motion by Thomas M. Peters for presentment of motion to certify class 49 before Honorable Elaine E. Bucklo on 7/2/2008 at 09:30 AM. (Peters, Thomas) (Entered: 06/19/2008)

LETTER from the USCA retaining the record on appeal in USCA no. 07-1599 consisting of 1 volume of pleadings. (gej, ) (Entered: 06/26/2008)

MANDATE of USCA dated 5/2/2008 regarding notice of appeal 40 ; USCA No. 07-1599; The judgment of the District Court is Reversed, with costs, and Remanded in accordance with the decision of this court entered on this date. (gej, ) (Entered: 06/26/2008)

OPINION from the USCA for the 7th Circuit; Argued 1/11/2008; Decided 5/2/2008 in USCA case no. 07-1599. (gej, ) (Entered: 06/26/2008)

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 07-1599 consisting of 1 volume of pleadings. (gej, ) (Entered: 06/27/2008)

MINUTE entry before the Honorable Elaine E. Bucklo:Plaintiffs' motion to certify class 49 is entered and continued. Case reopened. Status hearing set for 8/1/2008 at 09:45 AM. If the case is going forward, parties to electronically file a proposed scheduling order for entry prior to next status. Mailed notice (mpj, ) (Entered: 07/02/2008)

CERTIFIED copy of order dated 7/3/2008 from the 7th Circuit regarding notice of appeal 40 ; Appellate case no. : 07-1599; It is ordered that #1 is granted. The mandate in 07-1599 is recalled and hereby stayed pending the filing of a petition to the Supreme Court for writ of certiorari: See F.R.A.P.41(d). (gej, ) (Entered: 07/09/2008)

MINUTE entry before the Honorable Elaine E. Bucklo: The court of appeals having recalled its mandate, status hearing set for 8/1/08 is now vacated and the case is terminated.Civil case terminated. Mailed notice (mpj, ) (Entered: 07/28/2008)

CERTIFIED copy of order dated 7/22/2009 from the Seventh regarding notice of appeal 40 ; Appellate case no. : 07-1599. The original record on appeal has been returned to the District Court upon issuance of thisCourt's mandate. This Court, by copy of this document, requests the District Court totransmit the record directly to the Supreme Court. (hp, ) (Entered: 07/24/2009)

TRANSMITTED to the U.S Supreme Court the long record on appeal 40 . (dj, ) (Entered: 07/29/2009)

U.S. Supreme Court RECEIVED on 8/18/09 the long record regarding notice of appeal 40 (dj, ) (Entered: 08/20/2009)

LETTER from the Supreme Ct returning the record on appeal in S.C.no.08-351 (dj, ) (Entered: 04/01/2010)

LETTER from the Seventh Circuit regarding the record on appeal in USCA no. 07-1599; No record to be returned. (gmr, ) (Entered: 04/26/2010)

MANDATE of USCA dated 2/12/2010 regarding notice of appeal 40 ; USCA No. 07-1599; We Vacate our judgment and Remand to the district court for consideration, or reconsideration, of issues that are not moot. This in accordance with the decision of this court entered on this date. (gmr, ) (Entered: 04/26/2010)

CERTIFIED copy of order dated 2/12/2010 from the Seventh Circuit regarding notice of appeal 40 ; Appellate case no. : 07-1599; For the reasons, we believe the best course of action for us to take at this time is to vacate our judgment and to remand the case to the district court for consideration, or reconsideration, of issues that are not moot. So Ordered. (gmr, ) (Entered: 04/26/2010)

MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint (Attachments: # 1 Exhibit, # 2 Exhibit)(Peters, Thomas) (Entered: 05/10/2010)

NOTICE of Motion by Thomas M. Peters for presentment of motion for leave to file 65 before Honorable Elaine E. Bucklo on 5/13/2010 at 09:30 AM. (Peters, Thomas) (Entered: 05/10/2010)

ATTORNEY Appearance for Defendants City Of Chicago, Philip J Cline by Heather Ann Jackson (Jackson, Heather) (Entered: 05/12/2010)

MINUTE entry before Honorable Elaine E. Bucklo:Plaintiff's motion for leave to file 65 amended complaint heard on 5/13/10 and the motion is entered and continued. Set deadlines/hearing as to motion for leave to file 65 : Responses due by 6/3/2010. Replies due by 6/10/2010. Ruling set for 6/24/2010 at 09:30 AM. Mailed notice (mpj, ) (Entered: 05/13/2010)

MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith, Maria Villasenor, Mark Edwards, Latoya Swanigan to certify class Second Amended Motion for Class Certification (Peters, Thomas) (Entered: 05/17/2010)

NOTICE of Motion by Thomas M. Peters for presentment of motion to certify class 69 before Honorable Elaine E. Bucklo on 5/20/2010 at 09:30 AM. (Peters, Thomas) (Entered: 05/17/2010)

MINUTE entry before Honorable Elaine E. Bucklo:Defendants shall respond to plaintiffs' motion to certify class in their response to the motion to amend the complaint, on which there is already a briefing schedule. No appearance is needed in court tomorrow.Mailed notice (mpj, ) (Entered: 05/19/2010)

ATTORNEY Appearance for Plaintiffs Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor by Thomas M. Peters (Peters, Thomas) (Entered: 05/26/2010)

MOTION by Defendants City Of Chicago, Philip J Cline to withdraw (Sias, Suzanne) (Entered: 05/27/2010)

NOTICE of Motion by Suzanne L Sias for presentment of motion to withdraw 73 before Honorable Elaine E. Bucklo on 6/3/2010 at 09:30 AM. (Sias, Suzanne) (Entered: 05/27/2010)

MINUTE entry before Honorable Elaine E. Bucklo:Defendants' motion to withdraw 73 appearance of Susan L. Sias is granted.Mailed notice (mpj, ) (Entered: 06/01/2010)

ATTORNEY Appearance for Defendant Richard Devine by Paul Anthony Castiglione Appearance for State's Attorney Anita Alvarez (Castiglione, Paul) (Entered: 06/01/2010)

MOTION by Defendants City Of Chicago, Philip J Cline for extension of time to file response/reply as to motion for leave to file 65 AGREED (Jackson, Heather) (Entered: 06/02/2010)

NOTICE of Motion by Heather Ann Jackson for presentment of motion for extension of time to file response/reply, motion for relief 77 before Honorable Elaine E. Bucklo on 6/7/2010 at 09:30 AM. (Jackson, Heather) (Entered: 06/02/2010)

MOTION by Defendants City Of Chicago, Philip J Cline for extension of time to file response/reply as to motion to certify class 69 AND LEAVE TO TAKE DISCOVERY AGREED (Jackson, Heather) (Entered: 06/02/2010)

NOTICE of Motion by Heather Ann Jackson for presentment of motion for extension of time to file response/reply, motion for relief 79 before Honorable Elaine E. Bucklo on 6/7/2010 at 09:30 AM. (Jackson, Heather) (Entered: 06/02/2010)

MINUTE entry before Honorable Elaine E. Bucklo:Defendants' motion for extension of time to file response/reply regarding MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint (65] 77 is granted.Defendants' motion for additional time to file response to plaintiff's motion for class certification and leave to take discovery (79) is also granted. Accordingly, briefing schedule set on motion for class certification is now vacated. Reset deadlines/hearing as to motion for leave to file amended complaint 65 : Defendants' responses due by 6/17/10; and any replies by 7/1/10. Ruling set for on 8/6/2010 at 10:00 AM. Mailed notice (mpj, ) (Entered: 06/02/2010)

RESPONSE by City Of Chicago, Philip J Cline to MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint 65 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jackson, Heather) (Entered: 06/17/2010)

RESPONSE by Anita Alvarezin Opposition to MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint 65 (Castiglione, Paul) (Incorrect document was linked.) Modified on 6/18/2010 (tc, ). (Entered: 06/17/2010)

NOTICE by Anita Alvarez re response in opposition to motion 83 for leave to file an amended complaint (Castiglione, Paul) (Entered: 06/17/2010)

ATTORNEY Appearance for Defendant Anita Alvarez by Alan Jay Spellberg. (jj, ) (Entered: 06/21/2010)

NOTICE of Correction regarding 83 . (tc, ) (Entered: 06/18/2010)

RESPONSE by Anita Alvarezin Opposition to MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint 65 (Castiglione, Paul) (Entered: 06/18/2010)

NOTICE by Anita Alvarez re response in opposition to motion 86 of plaintiffs for leave to file an amended complaint (Castiglione, Paul) (Entered: 06/18/2010)

REPLY by Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor to MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint 65, response to motion 82, response in opposition to motion 86 (Peters, Thomas) (Entered: 07/01/2010)

NOTICE by Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor re reply to response to motion, 89 (Peters, Thomas) (Entered: 07/01/2010)

SUR-REPLY by Defendants City Of Chicago, Philip J Cline to motion for leave to file 65 Motion for Leave to File Surreply (Attachments: # 1 Exhibit A)(Jackson, Heather) (Entered: 07/15/2010)

MOTION by Defendants City Of Chicago, Philip J Cline for leave to file Surreply (Attachments: # 1 Exhibit A)(Jackson, Heather) (Entered: 07/15/2010)

NOTICE of Motion by Heather Ann Jackson for presentment of motion for leave to file 92 before Honorable Elaine E. Bucklo on 8/3/2010 at 09:30 AM. (Jackson, Heather) (Entered: 07/15/2010)

MINUTE entry before Honorable Elaine E. Bucklo:Defendants' motion for leave to file sur-reply 92 is taken under advisement.Mailed notice (mpj, ) (Entered: 07/22/2010)

RESPONSE by Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor to MOTION by Defendants City Of Chicago, Philip J Cline for leave to file Surreply 92 (Peters, Thomas) (Entered: 07/29/2010)

NOTICE by Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor re response to motion 95 (Peters, Thomas) (Entered: 07/29/2010)

MINUTE entry before Honorable Elaine E. Bucklo:On court's own motion, ruling on motion to amend complaint set for 8/6/10 is reset for 8/16/2010 at 09:30 AM. Mailed notice (mpj, ) (Entered: 08/05/2010)

MINUTE entry before Honorable Elaine E. Bucklo:For the reasons stated in open court, plaintiffs' motion to file an amended complaint (65) is granted. Motion for leaveto file sur-reply is terminated as moot. Defendants' responsive pleading will be due by 9/16/10. Depositionsof class representatives shall be completed by 9/16/10. Responses to motion to certify class and any motion filed to dismiss will be due by 10/15/10; and any replies by 10/26/10. Target date for ruling by mail set for 11/29/10. Status hearing set for 12/10/10 at 9:30 a.m. See Minute Order for details. Case reopened.Mailed notice (mpj, ) (Entered: 08/16/2010)

WRITTEN Opinion Signed by the Honorable Elaine E. Bucklo on 8/16/2010:Mailed notice(mpj, )

AMENDED complaint by Maria Villasenor, Latoya Swanigan, Edmanuel Perez, Mark Edwards, Chermane Smith, Michelle Waldo, Tony Williams, Kirk Yunker, Tyhesha Brunston against Anita Alvarez, City Of Chicago, Jody Weis. (jj, ) (Entered: 08/17/2010)

MOTION by Defendants City Of Chicago, Philip J Cline, Jody Weis for extension of time to file response/reply as to amended complaint 100 (Jackson, Heather) (Entered: 09/14/2010)