Case: McConchie v. Illinois State Board of Elections

1:21-cv-03091 | U.S. District Court for the Northern District of Illinois

Filed Date: June 4, 2021

Closed Date: Dec. 30, 2021

Clearinghouse coding complete

Case Summary

This case is about the redistricting plan passed by the Illinois General Assembly on May 28, 2021 and signed by the Illinois governor on June 4, 2021, as well as the subsequent redistricting plan signed by the Governor of Illinois on September 24, 2021. The Minority Leaders of the Illinois Senate and House of Representatives (“Plaintiffs”) brought this lawsuit on June 9, 2021 in the United States District Court for the Northern District of Illinois against the Illinois State Board of Elections,…

This case is about the redistricting plan passed by the Illinois General Assembly on May 28, 2021 and signed by the Illinois governor on June 4, 2021, as well as the subsequent redistricting plan signed by the Governor of Illinois on September 24, 2021.

The Minority Leaders of the Illinois Senate and House of Representatives (“Plaintiffs”) brought this lawsuit on June 9, 2021 in the United States District Court for the Northern District of Illinois against the Illinois State Board of Elections, the Speaker of the Illinois House of Representatives, the Office of the Speaker of the Illinois House of Representatives, and the Office of the President of the Illinois Senate. Plaintiffs sued under the Equal Protection Clause under 42 U.S.C. § 1983 and the Voting Rights Act of 1965, 52 U.S.C. § 10301 and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, stating that the June and September redistricting plans discriminated against Latino and Black voters and were passed despite not having official population counts from the census. Plaintiffs’ claims focused on three regions of Illinois: Cook County, Aurora, and Metro East. Plaintiffs were represented by private firms and Defendants were represented by the Illinois Attorney General and a private firm. 

The case was assigned to Judge Joan B. Gottschall and reassigned to Judge Robert M. Dow, Jr. on the same day without explanation. In Plaintiffs’ complaint, Plaintiffs requested a three-judge panel pursuant to 28 U.S.C. § 2284 and Local Rule 9.1. On June 28, 2021, Judge Jon E. Deguillio and Judge Michale B. Brennan were assigned to the three-judge panel in addition to Judge Dow. This case was consolidated with Contreras v. Illinois State Board of Elections and East St. Louis Branch NAACP v. Illinois State Board of Elections, two cases that also focused on the redistricting plan passed by the Illinois General Assembly. The court consolidated these cases due to overlapping facts and issues and ruled on motions with a single opinion to streamline the cases. 

On July 16, 2021, Defendants filed their motion to dismiss arguing that the plaintiffs lacked standing, that states are not required to use census figures in redistricting plans, that the plaintiffs’ claims were not ripe, and that the complaint failed to state a claim. 

On July 29, 2021, the plaintiffs filed their first amended complaint. On October 1, 2021, the plaintiffs filed their second amended complaint. The second amended complaint added specific data on how the redistricting plans diluted Latino and black voting populations. It also added the legal requirements for state legislative redistricting and specified that the plaintiffs were challenging the June redistricting plan and the September map due to how the maps disenfranchised black and Latino voters. 

On August 19, 2021, the plaintiffs filed a motion for summary judgment and the defendants filed a motion to dismiss, arguing that the plaintiffs do not have standing to challenge the redistricting plan and that plaintiffs failed to name the necessary parties to seek relief. On October 19, 2021, the court denied the defendants’ motion to dismiss and granted Plaintiffs’ motion for summary judgment in part. The court declared that the June redistricting plan violated the Equal Protection Clause of the Fourteenth Amendment, enjoined the State Board of Elections from enforcing the June plan, and ordered the plaintiffs to submit proposed revisions to the September Redistricting Plan and allowed the defendants to respond after plaintiffs’ submission. 

On December 7, 2021 the Court heard arguments regarding the September Redistricting Plan. On December 30, 2021 the court found that Plaintiffs did not prove that the September Redistricting Plan violated § 2 of the Voting Rights Act because they failed to show that the “white or majority-bloc” voting population defeated the minority candidate’s choice, a requirement for § 2 liability under precedent from Thornburg v. Gingles. No appeal was filed in this case.

The case is now closed. 

Summary Authors

(10/7/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59971590/parties/mcconchie-v-illinois-state-board-of-elections/


Judge(s)
Attorney for Plaintiff

Armstrong, Brian J. (Illinois)

Comstock, Christopher Steven (Illinois)

Attorney for Defendant

Berkowitz, Sean M. (Illinois)

Bonilla-Lopez, Veronica (Illinois)

Bruce, Devon C. (Illinois)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59971590/mcconchie-v-illinois-state-board-of-elections/

ECF Number Description Date Link Date / Link

case assigned

June 9, 2021

June 9, 2021

PACER

summons issued

June 9, 2021

June 9, 2021

PACER
1

COMPLAINT filed by Jim Durkin, Dan McConchie ; Filing fee $ 402, receipt number 0752-18334217.(Harris, Charles) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

RECAP
2

CIVIL Cover Sheet (Harris, Charles) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
3

ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Charles E. Harris, II (Harris, Charles) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
4

ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Thomas Vangel Panoff (Panoff, Thomas) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
5

ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Christopher Steven Comstock (Comstock, Christopher) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
6

Request for Three-Judge Court Pursuant to 28 U.S.C. ยง 2284 and Local Rule 9.1 by Jim Durkin, Dan McConchie (Harris, Charles) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
7

ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Phillip Anthony Luetkehans (Luetkehans, Phillip) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
8

ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Brian J. Armstrong (Armstrong, Brian) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jg, )

June 9, 2021

June 9, 2021

PACER
9

ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Mitchell Douglas Holzrichter (Holzrichter, Mitchell) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER

SUMMONS Issued as to Defendants William J. Cadigan, Laura K Donahue, William R Haine, Don Harmon, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Charles W. Scholz, Emanuel Christopher Welch (crl, )

June 9, 2021

June 9, 2021

PACER
10

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Robert M. Dow, Jr for all further proceedings. Honorable Joan B. Gottschall no longer assigned to the case. Signed by Executive Committee on 6/9/21.(gcy, ) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
11

SUMMONS Returned Executed by Jim Durkin, Dan McConchie as to Don Harmon on 6/10/2021, answer due 7/1/2021; Office of Speaker of the Illinois House of Representatives on 6/10/2021, answer due 7/1/2021; Office of the President of the Illinois Senate on 6/10/2021, answer due 7/1/2021; Emanuel Christopher Welch on 6/10/2021, answer due 7/1/2021. (Comstock, Christopher) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER

summons issued

June 17, 2021

June 17, 2021

PACER
12

SUMMONS Returned Executed by Jim Durkin, Dan McConchie as to William J. Cadigan on 6/10/2021, answer due 7/1/2021; Laura K Donahue on 6/10/2021, answer due 7/1/2021; William R Haine on 6/10/2021, answer due 7/1/2021; Illinois State Board of Elections on 6/10/2021, answer due 7/1/2021; Ian K Linnabary on 6/10/2021, answer due 7/1/2021; William M. McGuffage on 6/10/2021, answer due 7/1/2021; Katherine O'Brian on 6/10/2021, answer due 7/1/2021; Charles W. Scholz on 6/10/2021, answer due 7/1/2021. (Comstock, Christopher) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER

SUMMONS Issued as to Defendant Casandra B Watson (cm, )

June 17, 2021

June 17, 2021

PACER
13

MOTION by Plaintiffs Jim Durkin, Dan McConchie to expedite Schedule and Trial (Harris, Charles) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
14

NOTICE of Motion by Charles Edward Harris, II for presentment of motion to expedite 13 before Honorable Robert M. Dow Jr. on 6/24/2021 at 09:15 AM. (Harris, Charles) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
15

MEMORANDUM by Jim Durkin, Dan McConchie in support of motion to expedite 13 Schedule and Trial (Harris, Charles) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

RECAP
16

ATTORNEY Appearance for Defendants Don Harmon, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Emanuel Christopher Welch by MICHAEL JAMES KASPER (KASPER, MICHAEL) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
17

ATTORNEY Appearance for Plaintiff Dan McConchie by Devon C. Bruce (Bruce, Devon) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
18

ATTORNEY Appearance for Defendant Don Harmon by Devon C. Bruce AMENDED (Bruce, Devon) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
19

ATTORNEY Appearance for Defendant Office of Speaker of the Illinois House of Representatives by Heather Wier Vaught (Vaught, Heather) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
20

ATTORNEY Appearance for Defendant Emanuel Christopher Welch by Adam Robert Vaught (Vaught, Adam) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
21

ATTORNEY Appearance for Defendants Don Harmon, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate by Adam Robert Vaught (Vaught, Adam) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
22

ATTORNEY Appearance for Defendants Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Charles W. Scholz by Mary Alice Johnston (Johnston, Mary) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
23

ATTORNEY Appearance for Defendants William J. Cadigan, Laura K Donahue, William R Haine, Katherine O'Brian, Casandra B Watson by Mary Alice Johnston (Johnston, Mary) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
24

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' motion to expedite schedule and trial 13 will be heard telephonically on 6/24/2021 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829. Emailed notice (cdh, ) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
25

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' motion to expedite schedule and trial 13 will be heard telephonically on 6/24/2021 at 9:15 Participants should use the Court's toll-free call-in number 877-336-1829 and conference access code 6963747. When you are connected to the conference system, please keep your phone on MUTE until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. This is a Court proceeding. Members of the public and media will be able to call in to listen to this hearing by using the same call-in information listed above. Please NOTE: the general prohibition against recording and rebroadcasting of Court proceedings. Your telephone should be on MUTE. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cdh, ) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
26

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held telephonically. By 6/25/2021, parties to file joint status report on whether any party (or parties) will initiate a motion to reassign Case No. 21-cv-3139 to Judge Dow on relatedness grounds under Local Rule 40.4 and whether any party would oppose such a motion if it were filed. Parties are also to file their respective proposed case management orders with deadlines for initial disclosures and briefing on any anticipated motions, as well as a proposed trial date, by 6/28/2021. Emailed notice (cdh, ) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
27

STATUS Report (Joint) On Reassignment Under Local Rule 40.4 by Jim Durkin, Dan McConchie (Panoff, Thomas) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
28

MOTION by Plaintiffs Jim Durkin, Dan McConchie to reassign case (Unopposed) (Attachments: # 1 Exhibit A)(Panoff, Thomas) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
29

NOTICE of Motion by Charles Edward Harris, II for presentment of motion to reassign case 28 before Honorable Robert M. Dow Jr. on 7/2/2021 at 09:15 AM. (Harris, Charles) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
30

MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed motion for reassignment 28 is granted. With the agreement of the parties to both cases and with the Court, in consultation with Judge Tharp, having found the criteria under Local Rule 40.4 satisfied, the Court requests that the Executive Committee reassign Contreras v. Illinois State Board of Elections, et al., Case No. 1:21-cv-3139, to this Court as related to McConchie v. Illinois State Board of Elections, et al., Case No. 1:21-cv-3091. Notice of motion date of 7/2/2021 is stricken and no appearances are necessary on that date. Counsel are reminded to file their respective proposed case management orders with deadlines for initial disclosures and briefing on any anticipated motions, as well as a proposed trial date, by 6/28/2021. Plaintiffs' counsel in the McConchie case are requested to provide a copy of this order to Plaintiffs' counsel in the Contreras litigation, who are invited to participate in the scheduling process as well. Because the mechanics of the reassignment process may not be completed by 6/28/2021, if counsel for the Contreras Plaintiffs are unable to file appearances or documents in this case by CM/ECF, they are invited to transmit their scheduling proposal (and/or to indicate the extent to which they may agree with the proposals submitted by the other parties) by e-mail to the Courtroom Deputy (Carolyn_Hoesly@ilnd.uscourts.gov) on 6/28/2021 with "cc" to all counsel of record in the McConchie case. It is anticipated that an order designating a three-judge court will be entered in the near future and a further case management order will be entered on this docket once the three judges are able to consult on these scheduling issues. Emailed notice (cdh, ) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
31

PROPOSED Case Management Order by Jim Durkin, Dan McConchie (Panoff, Thomas) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
32

PROPOSED Case Management Order by Don Harmon, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Emanuel Christopher Welch (Vaught, Adam) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
33

ORDER : The complaint in this case challenges the constitutionality of a legislative apportionment. Judge Robert M. Dow Jr., to whom the case is assigned in the district court, notified me under 28 U.S.C. ยง 2284(b)(l) that ยง 2284(a) requires a three-judge district court. I designate Circuit Judge Michael B. Brennan and Chief District Judge Jon E. DeGuilio, of the Northern District of Indiana, as the additional members of the three-judge court. Signed by the Diane S. Sykes on 6/28/2021:Mailed notice(tg, ) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
34

MINUTE entry before the Honorable Robert M. Dow, Jr: Upon initial review of the parties' case management proposals, the three-judge court sets a deadline of 7/9/2021 for the parties to serve Rule 26(a)(1) disclosures and a deadline of 7/12/2021 to issue written discovery. All other deadlines will be set in a future case management order which is anticipated to issue next week. Emailed notice (cdh, ) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
35

SUMMONS Returned Executed by Jim Durkin, Dan McConchie as to Casandra B Watson on 6/17/2021, answer due 7/8/2021. (Comstock, Christopher) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
36

ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Ricardo Meza (Meza, Ricardo) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
37

MINUTE entry before the Honorable Robert M. Dow, Jr: Upon further consideration of the proposed case management orders [31, 32], the three-judge court sets the following additional deadlines: Defendants' motion to dismiss is due no later than 7/16/2021; Plaintiffs' response is due by 7/30/2021; Defendants' reply is due by 8/6/2021. Responses to written discovery are due by 7/23/2021. This case is set for a video status hearing on 7/14/2021 at 10:00 a.m. which will be held on the Microsoft Teams platform. Instructions for joining the platform will be placed on the docket in a separate minute entry. At the status hearing, counsel should be prepared to address (a) the legal principles and authorities they expect will be germane in the case; (b) the extent to which they expect the factual record to be disputed (or undisputed); (c) the nature and scope of their anticipated expert testimony; (d) how many hours of trial time they believe will be needed and the expected division between testimony and lawyer presentation/argument at trial. The panel will discuss further scheduling matters with the lawyers at the status hearing and will set further deadlines after the hearing. Emailed notice (cdh, ) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
38

MINUTE entry before the Honorable Robert M. Dow, Jr: Information regarding the 7/14/2021, 10:00 a.m. status hearing: the Courtroom Deputy emailed counsel of record the Microsoft Teams platform link and call-in information. Members of the public and media will be able to call in to listen to this hearing at (872) 703-5321, access code 802 653 31#. Please mute your microphone, 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cdh, ) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

RECAP
39

CERTIFICATE of Service Discovery to All Plaintiffs by Devon C. Bruce on behalf of Don Harmon, Office of the President of the Illinois Senate (Bruce, Devon) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
40

ATTORNEY Appearance for Defendant Don Harmon by Sean M. Berkowitz (Berkowitz, Sean) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
41

ORDER Signed by the Honorable Robert M. Dow, Jr on July 14, 2021. (cdh, ) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

RECAP
42

MOTION by Defendants William M. McGuffage, William R Haine, Illinois State Board of Elections, William J. Cadigan, Laura K Donahue, Katherine O'Brian, Charles W. Scholz, Casandra B Watson, Ian K Linnabary to dismiss for lack of jurisdiction (Johnston, Mary) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
43

MEMORANDUM by William J. Cadigan, Laura K Donahue, William R Haine, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Charles W. Scholz, Casandra B Watson in support of motion to dismiss/lack of jurisdiction, 42 (Johnston, Mary) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
44

NOTICE by William J. Cadigan, Laura K Donahue, William R Haine, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Charles W. Scholz, Casandra B Watson re memorandum in support of motion, 43, MOTION by Defendants William M. McGuffage, William R Haine, Illinois State Board of Elections, William J. Cadigan, Laura K Donahue, Katherine O'Brian, Charles W. Scholz, Casandra B Watson, Ian K Linnabary to dismiss for lack of jurisdiction 42 (Johnston, Mary) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
45

MOTION by Defendants Office of the President of the Illinois Senate, Office of Speaker of the Illinois House of Representatives, Emanuel Christopher Welch, Don Harmon to dismiss Rule 12(B) Motion to Dismiss (Vaught, Adam) Docket Text Modified by Clerk's Office on 7/19/2021 (ph, ). (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

RECAP
46

ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Jessica Grace Nosalski (Nosalski, Jessica) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
47

Proposed Updated Expert Discovery Plan by Jim Durkin, Dan McConchie Submitted by Plaintiffs (Panoff, Thomas) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
48

Proposed Expert Discovery Schedule by Don Harmon, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Emanuel Christopher Welch [#41] (Vaught, Adam) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
49

Proposed Expert Discovery Schedule by William J. Cadigan, Laura K Donahue, William R Haine, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Charles W. Scholz, Casandra B Watson (Johnston, Mary) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
50

MOTION by Intervenor The Illinois Republican Party to intervene (Fogarty, John) (Docket text modified by Clerk's Office) Modified on 7/27/2021 (bg, ). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
51

First AMENDED complaint by Jim Durkin, Dan McConchie, The Illinois Republican Party, Republican Caucus of the Illinois Senate, Republican Caucus of the Illinois House of Representatives against William J. Cadigan, Laura K Donahue, William R Haine, Don Harmon, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Charles W. Scholz, Casandra B Watson, Emanuel Christopher Welch (Harris, Charles) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
52

MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the recent docket entries in Case Nos. 21-cv-3091 and 21-cv-3139, the three-judge court orders as follows: (1) In regard to expert discovery in both cases, (a) opening expert reports and supporting materials are to be exchanged no later than 8/23/2021; (b) rebuttal reports and supporting materials are to be exchanged no later than 9/1/2021; (c) all expert discovery is to be completed by 9/6/2021. (2) The motion to intervene 50 in Case No. 21-cv-3091 is taken under advisement; responses are due by 8/6/2021; reply is due by 8/11/2021. The panel will issue a ruling by mail. Emailed notice (cdh, ) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
53

MOTION by Intervenor The Illinois Republican Party to withdraw motion to intervene 50 (Fogarty, John) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

PACER
54

MOTION by Plaintiffs Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate to compel Leadership Defendants to Respond to Discovery Requests (Harris, Charles) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
55

MEMORANDUM by Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate in support of motion to compel 54 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Harris, Charles) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
56

NOTICE of Motion by Charles Edward Harris, II for presentment of motion to compel 54 before Honorable Robert M. Dow Jr. on 8/10/2021 at 09:15 AM. (Harris, Charles) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
57

MINUTE entry before the Honorable Robert M. Dow, Jr: The motion of proposed intervenor The Illinois Republican Party to withdraw its motion to intervene 53 is granted. The motion to intervene 50 is stricken as moot. Plaintiffs' motion to compel 54 is referred with all other discovery motions and supervision to the assigned Magistrate Judge. The notice of motion date of 8/10/2021 before Judge Dow is stricken and no appearances are necessary on that date. Plaintiffs should re-notice their motion before the assigned Magistrate Judge once the Executive Committee referral order is on the docket. Emailed notice (cdh, ) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
58

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Sheila M. Finnegan.. Signed by Executive Committee on 21cv3091.(gcy, ) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
59

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Beth W. Jantz for all further proceedings. Honorable Sheila M. Finnegan no longer assigned to the case. Signed by Executive Committee on 8/6/21.(gcy, ) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
60

MINUTE entry before the Honorable Beth W. Jantz: This case has been referred to the Magistrate Judge for discovery supervision [57-59]. Plaintiffs' motion to compel 54 is taken under advisement. A telephonic initial status conference is scheduled for 11:00 a.m. CT on 8/11/21. The parties are directed to review Magistrate Judge Jantz's standing orders which are available on the Court's website. No initial joint status report need be filed, however the parties should be prepared at the status to discuss a proposed agreed schedule on Plaintiffs' motion. To join the status conference by phone, counsel shall dial 888-273-3658 and enter access code 2217918. Members of the public and media will be able to call in to listen to this hearing as well. 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (as, ) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
61

MINUTE entry before the Honorable Beth W. Jantz: The start time for the 8/11/21 telephonic status conference is rescheduled to 10:30 a.m. CT. The parties should be prepared to argue the issues raised in Plaintiffs' motion to compel 54 and/or discuss a briefing schedule. Mailed notice. (as, ) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
62

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18551936. (Smith, Colleen) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
63

ORDER signed by the Honorable Beth W. Jantz on 8/11/2021: Initial status conference and hearing on Plaintiffs' motion to compel 54 held on 8/11/21. The Leadership Defendants' response to the motion is due by 8/13/21, and Plaintiffs' reply is due by the close of business (5:00 p.m. CT) on 8/16/21. A further hearing on the motion to compel is set for 9:00 a.m. CT on 8/18/21, although if the Court is able to rule in writing before then, it will do so. To join the 8/18/21 hearing by phone, dial 888-273-3658 and enter access code 2217918. Additional deadlines and discussion are set in the accompanying order. Mailed notice. (as, ) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
64

TRANSCRIPT OF PROCEEDINGS held on 07/14/21 before the Honorable Robert M. Dow, Jr. Order Number: 41204 41205. Court Reporter Contact Information: Kristin M. Ashenhurst, CSR, RDR, CRR, 312-818-6549. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/1/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/9/2021. (Ashenhurst, Kristin) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
65

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion by Colleen C. Smith to appear pro hac vice 62 is granted. Emailed notice (cdh, ) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
66

MOTION by Defendants William R Haine, William J. Cadigan, William M. McGuffage, Laura K Donahue, Katherine O'Brian, Charles W. Scholz, Casandra B Watson, Ian K Linnabary to dismiss for lack of jurisdiction (Amended Complaint) (Johnston, Mary) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
67

MEMORANDUM by William J. Cadigan, Laura K Donahue, William R Haine, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Charles W. Scholz, Casandra B Watson in support of motion to dismiss/lack of jurisdiction, 66 (Amended Complaint) (Johnston, Mary) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
68

NOTICE by William J. Cadigan, Laura K Donahue, William R Haine, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Charles W. Scholz, Casandra B Watson re memorandum in support of motion, 67, MOTION by Defendants William R Haine, William J. Cadigan, William M. McGuffage, Laura K Donahue, Katherine O'Brian, Charles W. Scholz, Casandra B Watson, Ian K Linnabary to dismiss for lack of jurisdiction (Amended Complaint) 66 (Johnston, Mary) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
69

MOTION by Defendants Don Harmon, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Emanuel Christopher Welch for extension of time (Vaught, Adam) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
70

MEMORANDUM by Don Harmon, Office of the President of the Illinois Senate in Opposition to motion to compel 54 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Berkowitz, Sean) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
71

REPLY by Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate to MOTION by Plaintiffs Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate to compel Leadership Defendants to Respond to Discovery Requests 54 (In Support) (Harris, Charles) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
72

MINUTE entry before the Honorable Beth W. Jantz: Given the expedited schedule in this case, the parties were previously directed to confirm their respective experts' (and counsel's) availability for depositions between 9/2/21 and 9/6/21. The parties are reminded they must be prepared to confirm this to the Court during the 8/18/21 teleconference. Mailed notice. (as, ) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

RECAP
73

MINUTE entry before the Honorable Robert M. Dow, Jr: The referral to the magistrate judge is expanded to include the motion for extension of time 69 . Mailed notice (ags) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
74

MINUTE entry before the Honorable Beth W. Jantz: Defendants Motion for Extension of Time to Answer the Amended Complaint or Otherwise Plead 69 is granted to August 19, 2021. Mailed notice. (as, ) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
75

ORDER Signed by the Honorable Beth W. Jantz on 8/18/2021: Telephonic motion hearing held in Case Nos. 21-cv-3091 and 21-cv-3139. Given the expedited schedule in these cases, the Court provided oral rulings in open court granting in part and denying in part the respective plaintiffs' motions to compel [Case No. 20-cv-3091 dkt. 54; Case No. 21-cv-3139 dkt. 44], so that the parties can timely complete discovery work. Written opinions will follow, and additional deadlines and discussion in accompanying order. Mailed notice. (as, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
76

MOTION by Plaintiffs Jim Durkin, Dan McConchie, Republican Caucus of the Illinois Senate, Republican Caucus of the Illinois House of Representatives for summary judgment (Harris, Charles) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
77

NOTICE of Motion by Charles Edward Harris, II for presentment of motion for summary judgment 76 before Honorable Robert M. Dow Jr. on 8/27/2021 at 09:15 AM. (Harris, Charles) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
78

MEMORANDUM by Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate in support of motion for summary judgment 76 (Harris, Charles) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
79

RULE 56 1 Statement by Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate regarding motion for summary judgment 76 (Attachments: # 1 Exhibit A)(Harris, Charles) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
80

MOTION by Defendants Office of Speaker of the Illinois House of Representatives, Emanuel Christopher Welch, Don Harmon, Office of the President of the Illinois Senate to dismiss Rule 12(B) Motion to Dismiss Plaintiffs' Amended Complaint (Vaught, Adam) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
81

MOTION by Defendants Don Harmon, Office of the President of the Illinois Senate To Adjourn The Expert Discovery Schedule And Set Status Conference For September 1, 2021 (Berkowitz, Sean) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

RECAP
82

MEMORANDUM by Don Harmon, Office of the President of the Illinois Senate in support of motion for miscellaneous relief 81 - Defendants' Motion To Adjourn The Expert Discovery Schedule And Set Status Conference For September 1, 2021 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Berkowitz, Sean) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
83

NOTICE of Motion by Sean M. Berkowitz for presentment of motion for miscellaneous relief 81 before Honorable Robert M. Dow Jr. on 8/23/2021 at 09:15 AM. (Berkowitz, Sean) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
84

MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' motion to adjourn discovery schedule 82 will be heard telephonically by the three judge panel on 8/23/2021 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: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
85

ORDER signed by the Honorable Beth W. Jantz on 8/21/2021: For the reasons discussed in accompanying order, Plaintiffs' Motion to Compel Leadership Defendants to Respond to Discovery Requests 54 is granted in part and denied in part. Due to the expedited schedule in this case, the Leadership Defendants' supplemental responses and production, either as ordered by the Court (already provided to the parties by way of oral rulings in open court on August 18, 2021) or as previously promised by the Leadership Defendants as indicated below, are due by August 20, 2021, including any corresponding privilege log. Mailed notice. (as, ) (Entered: 08/21/2021)

Aug. 21, 2021

Aug. 21, 2021

PACER
86

MOTION by Plaintiffs Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate, Intervenor The Illinois Republican Party to expedite Briefing Schedule With Respect to Pending Dispositive Motions and Opposition to 82 Defendants' Motion to Adjourn the Expert Discovery Schedule and Set a Status Conference for September 1, 2021 (Harris, Charles) (Entered: 08/21/2021)

Aug. 21, 2021

Aug. 21, 2021

PACER
87

NOTICE of Motion by Charles Edward Harris, II for presentment of motion to expedite, 86 before Honorable Robert M. Dow Jr. on 8/23/2021 at 09:15 AM. (Harris, Charles) (Entered: 08/21/2021)

Aug. 21, 2021

Aug. 21, 2021

PACER
88

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held telephonically. Taking into account the parties' written submissions and the discussion held on the record this morning, Defendants' motion to adjourn the expert discovery schedule and to set status conference for September 1, 2021 81 is granted in part and denied in part. Opening expert reports and supporting materials, which are due today under the existing schedule, are still to be exchanged no later than August 25, 2021. All other expert deadlines and expert discovery are stayed until further order of the Court and will be discussed either with the three-judge panel on September 1, or with Magistrate Judge Jantz, or both. Plaintiffs' motion to expedite briefing schedule with respect to pending dispositive motions 86 is denied. The pending dispositive motions [66, 76, 80] remain under advisement, though the panel observes that in the event that the General Assembly enacts an amended redistricting plan in next week's special session, the parties may need to consider whether to amend the pleadings and motions that currently are on file. The panel also reiterates the comments made on the record urging the General Assembly to take into account the views of the Plaintiffs in crafting any amended plan with the objective of presenting for the Court's consideration a plan that satisfies all constitutional and statutory obligations, not just those raised in the existing pleadings and motions. To the extent that an amended plan still raises viable legal challenges, the parties should expect to update their pleadings, motions, and expert work (including proposed revisions or alternatives to the map(s) under consideration) on a highly compressed schedule given the need for an expeditious conclusion to this litigation to accommodate the 2022 election calendar. As a housekeeping matter, the motions to dismiss the original (and now superseded complaint) [42, 45] are stricken as moot. In view of the foregoing, the status conference previously set for 8/24/2021 at 12:30 p.m. is stricken and reset to 9/1/2021 at 12:30 p.m. Information regarding the video link for the panel and counsel and the telephone link for members of the public and media will be provided in a separate minute order. Finally, the notice of motion date of 8/27/2021 on Plaintiffs' motion for summary judgment [see 77] is stricken and no appearances are necessary on that date. Emailed notice (cdh, ) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

RECAP
89

TRANSCRIPT OF PROCEEDINGS held on 08/11/21 before the Honorable Beth W. Jantz. Order Number: 41383. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/14/2021. Redacted Transcript Deadline set for 9/24/2021. Release of Transcript Restriction set for 11/22/2021. (Mullen, Patrick) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
90

TRANSCRIPT OF PROCEEDINGS held on 08/18/21 before the Honorable Beth W. Jantz. Order Number: 41433. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/14/2021. Redacted Transcript Deadline set for 9/24/2021. Release of Transcript Restriction set for 11/22/2021. (Mullen, Patrick) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
91

MINUTE entry before the Honorable Robert M. Dow, Jr: Information regarding the 9/1/2021 hearing at 12:30 pm: the Courtroom Deputy emailed counsel of record the WEBEX platform link and call-in information. Members of the public and media will be able to call in to listen to this hearing by calling 1-650-479-3207, Access code: 180 125 7518. Please mute your microphone, 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cdh, ) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
92

TRANSCRIPT OF PROCEEDINGS held on 08/23/2021 before the Honorable Robert M. Dow, Jr. Order Number: 41458. Court Reporter Contact Information: Kristin M. Ashenhurst, CRR, RDR, 309-818-6549. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/21/2021. Redacted Transcript Deadline set for 10/1/2021. Release of Transcript Restriction set for 11/29/2021. (Ashenhurst, Kristin) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
93

STATUS Report by Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate (Harris, Charles) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

RECAP
94

ORDER. Video status hearing held on 9/1/2021. In view of the recent developments reported at the status hearing and the current state of the record, the panel (a) enters the following case management deadlines, (b) strikes the 9/27, 9/28, and 9/29 trial dates, and (c) sets this matter for further status hearings on 9/27/2021 and 10/4/2021 at 10:00 a.m. Signed by the Honorable Robert M. Dow, Jr on 9/2/2021. Emailed notice(ntf, ) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: June 4, 2021

Closing Date: Dec. 30, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Minority leaders of the Illinois Senate and House of Representatives

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Illinois State Board of Elections, the Speaker of the Illinois House of Representatives, the Office of the Speaker of the Illinois House of Representatives, and the Office of the President of the Illinois Senate, State

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Redistricting

Amount Defendant Pays: none

Issues

Voting:

Redistricting/district composition

Vote dilution