Case: United States v. Chicago Baseball Holdings, LLC

1:22-cv-03639 | U.S. District Court for the Northern District of Illinois

Filed Date: July 14, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 14, 2022, the U.S. Attorney's Office filed suit in the U.S. District Court for the Northern District of Illinois against the various ownership organizations of the Chicago Cubs under Title III of the Americans with Disabilities Act (ADA). There, the case was assigned to Judge Martha M. Pacold. The United States sought declaratory and injunctive relief with damages for alleged discrimination against people with disabilities. The defendants recently completed a multi-year renovation, reha…

On July 14, 2022, the U.S. Attorney's Office filed suit in the U.S. District Court for the Northern District of Illinois against the various ownership organizations of the Chicago Cubs under Title III of the Americans with Disabilities Act (ADA). There, the case was assigned to Judge Martha M. Pacold. The United States sought declaratory and injunctive relief with damages for alleged discrimination against people with disabilities.

The defendants recently completed a multi-year renovation, rehabilitation, expansion, and reconstruction of Wrigley Field known as “the 1060 Project.” The plaintiffs alleged that the Cubs removed the best wheelchair seating in the stadium, failed to incorporate wheelchair seating into new premium clubs and group seating areas, designed and constructed wheelchair seating in the last row of general admission areas that does not meet the requirements of the ADA Standards for Accessible Design, and failed to remove architectural barriers to access in unaltered portions of Wrigley Field where it was readily achievable to do so. 

Discovery in this case is ongoing as of September 12, 2023.

Summary Authors

Hank Minor (12/28/2022)

Calvin Kim (9/12/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63591447/parties/united-states-v-chicago-baseball-holdings-llc/


Judge(s)

Pacold, Martha Maria (Illinois)

Attorney for Plaintiff

Johnson, Patrick Walter (Illinois)

Attorney for Defendant

Filip, Mark Robert (Illinois)

Jakubowski, Teresa L (Illinois)

Kuenstler, John F. (Illinois)

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Documents in the Clearinghouse

Document
1

1:22-cv-03639

Complaint

July 14, 2022

July 14, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63591447/united-states-v-chicago-baseball-holdings-llc/

Last updated Dec. 1, 2023, 10:06 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by United States of America; Jury Demand. (Attachments: # 1 Exhibit A: Seating Map, # 2 Exhibit B: Clubs and Group Seating, # 3 Exhibit C: Current and Planned Wheelchair Seating, # 4 Exhibit D: Non-Seating Elements)(Souza, Abraham) (Entered: 07/14/2022)

1 Exhibit A: Seating Map

View on RECAP

2 Exhibit B: Clubs and Group Seating

View on RECAP

3 Exhibit C: Current and Planned Wheelchair Seating

View on RECAP

4 Exhibit D: Non-Seating Elements

View on RECAP

July 14, 2022

July 14, 2022

Clearinghouse
2

CIVIL Cover Sheet (Souza, Abraham) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

RECAP

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (emc, )

July 14, 2022

July 14, 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. (emc, )

July 14, 2022

July 14, 2022

PACER
3

DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Plaintiff United States of America (Johnson, Patrick) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
4

ATTORNEY Appearance for Defendants Chicago Baseball Holdings, LLC, Chicago Cubs Baseball Club, LLC, WF Master Tenant, LLC, Wrigley Field Holdings, LLC by John F. Kuenstler (Kuenstler, John) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
5

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19707605. (Jakubowski, Teresa) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
6

ATTORNEY Appearance for Defendants Chicago Baseball Holdings, LLC, Chicago Cubs Baseball Club, LLC, WF Master Tenant, LLC, Wrigley Field Holdings, LLC by Mark Robert Filip (Filip, Mark) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
7

MINUTE entry before the Honorable Martha M. Pacold: Teresa Jakubowski's motion to appear pro hac vice 5 is granted. Mailed notice (cn). (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
8

ATTORNEY Appearance for Defendants Chicago Baseball Holdings, LLC, Chicago Cubs Baseball Club, LLC, WF Master Tenant, LLC, Wrigley Field Holdings, LLC by Teresa L Jakubowski (Jakubowski, Teresa) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
9

WAIVER OF SERVICE returned executed by United States of America. All Defendants. (Souza, Abraham) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
10

MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 9/28/2022. (Attachments: # 1 Outline for the Initial Joint Status Report) (rao, ) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
11

ANSWER to Complaint by Chicago Baseball Holdings, LLC, Chicago Cubs Baseball Club, LLC, WF Master Tenant, LLC, Wrigley Field Holdings, LLC(Filip, Mark) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
12

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chicago Baseball Holdings, LLC, Chicago Cubs Baseball Club, LLC, WF Master Tenant, LLC, Wrigley Field Holdings, LLC (Filip, Mark) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
13

STATUS Report Joint Initial by United States of America (Souza, Abraham) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
14

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. (rao, ) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
15

MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. By 10/14/2022, the parties shall meet and confer and file a joint status report to include: (a) a proposed schedule for fact discovery; (b) a statement as to whether the parties anticipate ESI discovery and expert witness discovery; (c) a proposed deadline to file amended pleadings; (d) any other matters the parties with to raise with the Court. Mailed notice. (pk, ) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
16

STATUS Report Joint by United States of America (Souza, Abraham) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
17

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 16 and enters the parties' proposed discovery schedule: Fed. R. Civ. P. 26(a)(1) disclosures to be exchanged by 10/31/2022; initial written discovery requests to be issued by 11/14/2022; all fact discovery be completed by 08/31/2023. Joint status report due on 12/21/2022 to update the Court on: (a) the progress of discovery; (b) the status of settlement discussions (if any); and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
18

STATUS Report Joint by United States of America (Souza, Abraham) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

RECAP
19

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 18 which includes a short statement that parties exchanged initial Rule 26(a) disclosures and initial written discovery requests. Further joint status report due 02/28/2023 to update the Court on: (a) the status of discovery, including the progress of written discovery; (b) the state of settlement discussions, if any; and (c) any other matters the parties believe should be brought to the Court's attention. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) should they be interested in discussing settlement. The Court expects the parties' future status reports to include specific details as to the progress of discovery, including a detailed description of what discovery remains to be completed. Mailed notice. (pk, ) (Entered: 12/23/2022)

Dec. 23, 2022

Dec. 23, 2022

PACER
20

Local Rule 3.2 Annual Reminder Order

Dec. 30, 2022

Dec. 30, 2022

PACER
21

STATUS Report (Joint) by United States of America (Johnson, Patrick) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
22

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 21 which reports parties responded to written discovery requests. Parties are discussing deficiencies in each other's responses. Defendants continue to produce documents. Plaintiff subpoenaed five third-party entities involved in the design and construction of Wrigley Field's 1060 Project. Parties indicate they will complete outstanding document production and document subpoenas between end of April and mid-May. Parties will begin depositions in late May to early June. Plaintiff plans to inspect Wrigley Field over the summer. Further joint status report updating the Court on the same items as in the instant status due 05/01/2023. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) should they be interested in discussing settlement. Mailed notice. (pk, ) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
23

STATUS Report (Joint) by Chicago Baseball Holdings, LLC, Chicago Cubs Baseball Club, LLC, WF Master Tenant, LLC, Wrigley Field Holdings, LLC (Jakubowski, Teresa) (Entered: 05/01/2023)

May 1, 2023

May 1, 2023

RECAP
24

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 23 which reports parties intend to supplement discovery responses and produce additional documents in the next several weeks. Plaintiff received documents from subpoenaed third parties and issued additional subpoenas. Parties now indicate completing written discovery by late June to mid-July and beginning depositions in August. Further joint status report updating the Court on the same items as in the instant status due 07/14/2023. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) should they be interested in discussing settlement. Mailed notice. (pk, ) (Entered: 05/02/2023)

May 2, 2023

May 2, 2023

PACER
25

MOTION by Defendants Chicago Baseball Holdings, LLC, Chicago Cubs Baseball Club, LLC, WF Master Tenant, LLC, Wrigley Field Holdings, LLC for protective order (Unopposed Motion Requesting Approval and Entry of Parties' Agreed Confidentiality Order) Presented before Magistrate Judge (Attachments: # 1 Exhibit 1 - Proposed Agreed Confidentiality Order with Exhibit A)(Jakubowski, Teresa) (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

PACER
26

STATUS Report JOINT by United States of America Presented before Magistrate Judge (Souza, Abraham) (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

PACER
27

MINUTE entry before the Honorable Heather K. McShain: The Court is in receipt of defendants' unopposed motion for entry of an agreed confidentiality order 25 . The defendants' unopposed motion is taken under advisement. By 07/28/2023, defendant is to email the following to the proposed order inbox (Proposed_Order_McShain@ilnd.uscourts.gov): (1) a copy of the proposed confidentiality order; and (2) a redlined version of the proposed order showing any changes to the L.R. 26.2 model order. Mailed notice. (pk, ) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

PACER
28

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 26 which reports plaintiff supplemented its discovery responses and produced additional documents. Plaintiff continues to receive documents from subpoenaed parties. Parties have tentatively agreed to conduct the inspection of Wrigley Filed on 09/11/2023-09/12/2023. Parties anticipate filing a joint motion to extend the fact discovery deadline to ensure defendants have sufficient time to review plaintiff's supplemental discovery responses and document productions prior to conducting depositions. Further joint status report updating the Court on the same items as in the instant status due 09/18/2023. Parties should file any motion to extend the fact discovery deadline prior to the current deadline of 08/31/2023. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) should they be interested in discussing settlement. Mailed notice. (pk, ) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

PACER
29

MINUTE entry before the Honorable Heather K. McShain: The defendants' unopposed motion for entry of an agreed confidentiality order 25 is granted. Enter order. Mailed notice. (pk, ) (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

PACER
30

AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Heather K. McShain on 8/3/2023. Mailed notice. (pk, ) (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

PACER
31

MOTION by Plaintiff United States of America for extension of time to complete discovery JOINT AGREED MOTION Presented before Magistrate Judge (Souza, Abraham) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
32

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint agreed motion to extend the fact discovery deadline until 12/22/2023 31 . Parties explain that additional time is needed to review the thousands of documents produced, schedule depositions, and inspect Wrigley Field. In light of the parties' diligence in pursuing and completing discovery, and the fact that this is the parties' first request to extend the fact discovery deadline, the parties' motion 31 is granted. Fact discovery is extended until 12/22/2023. This is a firm deadline, and any future requests for extensions will need to be presented in a formal motion and will not be granted absent good cause. The joint status report due 09/18/2023 stands 28 . Mailed notice. (pk, ) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

RECAP
33

STATUS Report JOINT by United States of America Presented before Magistrate Judge (Souza, Abraham) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

RECAP
34

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 33 which reports parties inspected Wrigley Field and issued additional subpoenas to the City of Chicago. Defendants have completed the bulk of their document productions and are working to produce supplemental documents along with a privilege log. Plaintiff intends to issue deposition notices to defendants and deposition subpoenas to third parties in the next three to four weeks. Parties are placed on notice that the Court has updated its standing order on discovery motion requirements. This update makes changes to the parties' meet-and-confer requirements. In advance of the filing of any discovery motion, parties are directed to review Magistrate Judge McShain's updated requirements for discovery motions (available on the Court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for " Discovery Motion Requirements "). Moving forward, any motion that does not comply with the Court's standing order will be considered unripe for the Court's consideration. Further joint status report updating the Court on the same items as in the instant status due 10/18/2023. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) should they be interested in discussing settlement. Mailed notice (ags) (Entered: 09/19/2023)

Sept. 19, 2023

Sept. 19, 2023

PACER
35

STATUS Report JOINT by United States of America Presented before Magistrate Judge (Souza, Abraham) (Entered: 10/18/2023)

Oct. 18, 2023

Oct. 18, 2023

RECAP
36

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 35 which reports the City of Chicago responded to the parties' subpoenas and the parties are currently reviewing the City's initial document production. Further joint status report updating the Court on the same items as in the instant status due 12/08/2023. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) should they be interested in discussing settlement. Mailed notice (ec) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER
37

MOTION by Plaintiff United States of America for discovery (Motion to Deny Privilege Claim) Presented before Magistrate Judge (Johnson, Patrick) (Entered: 11/09/2023)

Nov. 9, 2023

Nov. 9, 2023

PACER
38

SEALED DOCUMENT by Plaintiff United States of America (Johnson, Patrick) (Entered: 11/09/2023)

Nov. 9, 2023

Nov. 9, 2023

PACER
39

SEALED DOCUMENT by Plaintiff United States of America (No. 2) (Johnson, Patrick) (Entered: 11/09/2023)

Nov. 9, 2023

Nov. 9, 2023

PACER
40

MINUTE entry before the Honorable Heather K. McShain: Plaintiff's motion for discovery seeking to deny defendants' claim of privilege as to two documents 37 is entered and continued, and plaintiff's unopposed request to file the two documents under seal is granted (and the Court notes that the documents have already been filed under seal 38, 39 ). Plaintiff's memorandum in support of its motion is due 11/29/2023, and defendants' response is due 12/13/2023. No reply to be filed without leave of the Court. Once the Court has reviewed the briefs, it will decide whether it can rule on the papers or whether a motion hearing is required. Mailed notice. (pk, ) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
41

MEMORANDUM by United States of America in support of motion for discovery 37 REDACTED (Attachments: # 1 Exhibit A: Excerpt From Def. Answers to Interrogatories, # 2 Exhibit B: Jan. 2013 Letter, # 3 Exhibit C: McGuire Emails, # 4 Exhibit D: Mar. 2013 Email)(Souza, Abraham) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

PACER
42

MOTION by Plaintiff United States of America to seal unredacted brief in support of motion for discovery (Dkt. 37) Presented before Magistrate Judge (Souza, Abraham) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

PACER
43

SEALED EXHIBIT by Plaintiff United States of America UNREDACTED MEMORANDUM regarding MOTION by Plaintiff United States of America for discovery (Motion to Deny Privilege Claim) Presented before Magistrate Judge 37 (Souza, Abraham) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

PACER
44

MINUTE entry before the Honorable Heather K. McShain: The Court grants plaintiff's motion to seal 42 its brief in support of its motion to deny defendants' privilege claim 37 . The Court observes that plaintiff already filed a sealed version on the docket 43 . The Court also acknowledges that along with a redacted version of its brief 41, plaintiff filed four supporting exhibits which plaintiff does not appear to request be sealed. [41-141-4] Mailed notice. (pk, ) (Entered: 11/30/2023)

Nov. 30, 2023

Nov. 30, 2023

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Disability Rights

Key Dates

Filing Date: July 14, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff is the United States, via the United States Attorney for the Northern District of Illinois.

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Chicago Baseball Holdings (Chicago, Cook), Private Entity/Person

Defendant Type(s):

Movie Theater or Other Entertainment facility

Case Details

Causes of Action:

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

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:

Access to public accommodations - privately owned

Barrier Removal

Buildings

Disability and Disability Rights:

Mobility impairment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Non-government for-profit