Case: Golbert v. Smith

COMPLAINT filed by J. S., J. B., Charles Golbert, J. R., K. J., Janiah C., T. W., M. J., E. C., D. M.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20250612. (Attachments: # 1 Civil Cover Sheet)(Ainsworth, Russell) (Entered: 01/19/2023)

1 Civil Cover Sheet

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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (khg, )

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. (khg, )

ATTORNEY Appearance for Plaintiffs J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W. by Megan Colleen Pierce (Pierce, Megan) (Entered: 01/20/2023)

ATTORNEY Appearance for Plaintiffs J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W. by Russell R Ainsworth (Ainsworth, Russell) (Entered: 01/20/2023)

MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 3/29/2023. (Attachments: # 1 Outline for the Initial Joint Status Report) (rao, ) (Entered: 02/16/2023)

ATTORNEY Appearance for Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan by Barbara Lynn Greenspan (Greenspan, Barbara) (Entered: 03/17/2023)

MOTION by Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan for extension of time to File Motion to Dismiss (Greenspan, Barbara) (Entered: 03/23/2023)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion for extension of time to answer or otherwise plead to plaintiffs' complaint 6 is granted. Defendants may answer or otherwise plead to the complaint by 5/26/2023. The parties are directed to file an initial joint status report by 6/1/2023. (Attachments: # 1 Outline for the Initial Joint Status Report) (rao, ) (Entered: 03/24/2023)

MOTION by Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan for extension of time to file answer regarding complaint 1 (unopposed motion) (Greenspan, Barbara) (Entered: 05/26/2023)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for extension of time to file motion to dismiss 8 is granted. Defendants to answer or otherwise plead to plaintiff's complaint by 6/2/2023. The court will give the parties until 6/6/2023 to file the initial joint status report. (Attachments: # 1 Outline for the Initial Joint Status Report) (rao, ) (Entered: 05/27/2023)

MOTION by Defendants Marc D. Smith, Karen Austin-Antoine, Janet Wukas Polan, Illinois Department of Children and Family Services, Jacquelin Dortch, Beverly J. Walker, Antwan Turpeau, Debra Dyer-Webster, Ryan Goodwin, Sari Rowitz, Lauren Williams, Ashley Deckert to dismiss and to strike class allegations (Greenspan, Barbara) (Entered: 06/01/2023)

MOTION by Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan for leave to file excess pages (unopposed motion) (Attachments: # 1 Exhibit A - Mem Support MTD)(Greenspan, Barbara) (Entered: 06/01/2023)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for leave to file oversized brief instanter 11 is granted. Defendants should file their brief separately on the docket by 6/7/2023. Plaintiffs' response to the motion to dismiss 10 is due by 6/27/2023. Plaintiffs' brief should not exceed 20 pages. Defendant's reply brief is due by 7/11/2023. (rao, ) (Entered: 06/02/2023)

STATUS Report, Joint Initial by J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W. (Pierce, Megan) (Entered: 06/06/2023)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes 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: 06/07/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: This matter having been referred to the magistrate judge for discovery and settlement (doc. # 14 ), the parties are ordered to file, by noon on 6/15/23, an updated joint status report containing either a proposed discovery plan with a contested or agreed proposed schedule for fact discovery, and, if applicable, expert discovery, or a proposed briefing schedule for a motion to stay discovery pending resolution of the motion to dismiss (doc. # 10 ), if such a stay motion is contemplated. The parties are further directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, available on the Court's website. If the parties at any time decide they wish to engage in a settlement conference, they may contact the courtroom deputy, Lauren Knight, at 312-818-6514. Further, the parties are invited, if they wish, to communicate to Ms. Knight any preferred pronouns for counsel or clients. Mailed notice. (lxk, ) (Entered: 06/08/2023)

MEMORANDUM by Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan in support of motion to dismiss, 10 (Greenspan, Barbara) (Entered: 06/08/2023)

STATUS Report (Joint Status Report) by Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan Presented before Magistrate Judge (Greenspan, Barbara) (Entered: 06/15/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint written status report (doc. # 17 ), with defendants confirming that they plan to move to stay discovery, the Court orders that the motion be filed no later than 5 p.m. on 7/11/23, with plaintiffs' response due at 5 p.m. 7/25/23, and the reply due by 8/1/23. Entry of a discovery schedule is deferred until ruling on the motion to stay discovery. Mailed notice. (lxk, ) (Entered: 06/16/2023)

MOTION by Plaintiff Charles Golbert for extension of time to file response/reply to Motion to Dismiss and Motion to Strike Class Allegations Presented before Magistrate Judge (Pierce, Megan) (Entered: 06/26/2023)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' unopposed motion for extension of time to respond to defendants' motion to dismiss and motion to strike class allegations 19 is granted. Plaintiffs' response to defendants' motion to dismiss and motion to strike class allegations 10 is due by 6/30/2023. Defendants' reply is due by 7/14/2023. (rao, ) (Entered: 06/27/2023)

MOTION by Plaintiff Charles Golbert for leave to file excess pages (Unopposed)(Re: Response to Defendants' Motion to Dismiss and Motion to Strike Class Allegations) Presented before Presiding Judge (Ainsworth, Russell) (Entered: 06/29/2023)

MINUTE entry before the Honorable Martha M. Pacold: plaintiffs' unopposed motion for leave to exceed page limit in response to defendants' motion to dismiss and motion to strike class allegations 21 is granted. Plaintiffs' brief is not to exceed 25 pages. (rao, ) (Entered: 06/30/2023)

RESPONSE by Charles Golbert to MOTION by Defendants Marc D. Smith, Karen Austin-Antoine, Janet Wukas Polan, Illinois Department of Children and Family Services, Jacquelin Dortch, Beverly J. Walker, Antwan Turpeau, Debra Dyer-Webster, Ryan Goodwin, Sari Rowitz, Lauren Williams, Ashley 10 (Pierce, Megan) (Entered: 06/30/2023)

MOTION by Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan to stay regarding MOTION by Defendants Marc D. Smith, Karen Austin-Antoine, Janet Wukas Polan, Illinois Department of Children and Family Services, Jacquelin Dortch, Beverly J. Walker, Antwan Turpeau, Debra Dyer-Webster, Ryan Goodwin, Sari Rowitz, Lauren Williams, Ashley 10 Presented before Magistrate Judge (Greenspan, Barbara) (Entered: 07/11/2023)

MOTION by Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan for extension of time to file response/reply as to motion to dismiss, 10 and to strike class allegations (unopposed motion) Presented before Presiding Judge (Greenspan, Barbara) (Entered: 07/12/2023)

ATTORNEY Appearance for Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan by Thomas John Verticchio (Verticchio, Thomas) (Entered: 07/13/2023)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for extension of time to file Defendants' reply in support of their motion to dismiss and motion to strike allegations 25 is granted. Defendants' reply in support of their motion to dismiss and motion to strike allegations 10 is due by 7/28/2023. (rao, ) (Entered: 07/14/2023)

RESPONSE by J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W. to MOTION by Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wu 24 (Pierce, Megan) (Entered: 07/25/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of defendants' contested motion to stay (doc. # 24 ) and the defendants' response (doc. # 28 ), the Court extends the reply brief deadline on this motion to 5 p.m. on 8/10/23 and allows, in the alternative, a joint status report, all for the reasons stated and with the directions included in the accompanying order. Enter Order. Mailed notice. (lxk, ) (Entered: 07/26/2023)

ORDER Signed by the Honorable Gabriel A. Fuentes on 7/26/2023. Mailed notice. (lxk, ) (Entered: 07/26/2023)

MOTION by Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan for leave to file excess pages Presented before Presiding Judge (Attachments: # 1 Exhibit Defendants' Reply in Support of Their Motion to Dismiss and Motion to Strike Class Allegations)(Verticchio, Thomas) (Entered: 07/28/2023)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for leave to exceed page limit in reply to defendants' motion to dismiss and motion to strike class allegations 31 is granted. Defendants should file their reply brief separately on the docket by 8/3/2023. (rao, ) (Entered: 08/01/2023)

REPLY by Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan in Support of Their Motion to Dismiss and Motion to Strike Class Allegations (Verticchio, Thomas) (Entered: 08/02/2023)

STATUS Report Joint Status Report Regarding Agreed Discovery Stay by Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan Presented before District Judge (Verticchio, Thomas) (Entered: 08/10/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: The Court appreciates the parties' joint status report (doc. # 34 ) on their agreement concerning a partial discovery stay arising from defendants' pending motion to stay discovery (doc. # 24 ). The motion to stay is partially granted and partially denied per the agreement set forth in the status report. To memorialize the scope of the stay for the Court file, the Court directs the parties to submit an agreed order reflecting the contours of the partial stay. The order kindly is requested either later today or by the close of business on 8/11/23. Mailed notice. (lxk, ) (Entered: 08/10/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: On defendants' motion to stay discovery (doc. # 24 ), which has been partially granted and partially denied by agreement, enter Agreed Order for Partial Stay of Discovery. A joint written status report on proposed next steps on discovery is due seven days after the district court enters an order deciding defendants' motion to dismiss. Mailed notice. (lxk, ) (Entered: 08/11/2023)

AGREED ORDER for Partial Stay of Discovery. Signed by the Honorable Gabriel A. Fuentes on 8/11/2023. Mailed notice. (lxk, ) (Entered: 08/11/2023)

MOTION by Defendants Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan for protective order - Unopposed Motion Presented before Magistrate Judge (Attachments: # 1 Exhibit A - Proposed Agreed Confidentiality and Protective Order)(Greenspan, Barbara) (Entered: 09/05/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: Defendants' unopposed motion for protective order (doc. # 38 ) is granted. Enter Agreed Confidentiality and Protective Order. The Court further directs the parties' attention to the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, available on the Court's website, and in particular the section on protective orders. In addition to the language in Paragraph 7 of the Agreed Confidentiality Order entered today, the parties are advised that motions to seal will not be granted as to discovery documents filed with the Court unless the request complies with the common law of this Circuit. See Bond v. Utreras, 585 F.3d 1061, 1073 (7th Cir. 2009) (noting that public "has a presumptive right to access discovery materials that are filed with the court"); Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 545-46 (7th Cir. 2002) (stating that filed discovery documents "that influence or underpin the judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality... In civil litigation only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of sexual assault) is entitled to be kept secret"); Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."); Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945-46 (7th Cir. 1999) (warning courts not to allow parties "to seal whatever they want" and urging them to apply "a neutral balancing of the relevant interests" in connection with any good-cause determination presented by a motion to seal). Parties moving to seal are directed to review the foregoing case law, and any motion to seal will be taken by the Court as a certification that the movant has read the applicable case law and has ensured that it is making a good-faith argument that the document in question qualifies for sealing under the Seventh Circuit's stringent standards. Further, the Court notes for the record that the Agreed Confidentiality and Protective Order bars parties from using "confidential" information to interview witnesses or to prepare them for deposition, as they may be shown such documents only "during" their depositions unless the producing party consents. Agreed Confidentiality Order, para. 5(b)(7), 5(b)(9). Mailed notice. (lxk, ) (Entered: 09/05/2023)

AGREED Confidentiality and Protective Order. Signed by the Honorable Gabriel A. Fuentes on 9/5/2023. Mailed notice. (lxk, ) (Entered: 09/05/2023)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/29/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: On audit review of the instant matter, the magistrate judge directs that a status report by filed by noon on 1/11/24 concerning whether the limited discovery not stayed was rendered as expected in September 2023, and concerning the presumed continued pendency of the stay amid the overall case status. Mailed notice. (lxk, ) (Entered: 12/29/2023)

STATUS Report Joint Status Report Regarding Compliance with Limited Discovery and Continued Stay of Discovery by Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan Presented before District Judge (Verticchio, Thomas) (Entered: 01/10/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On 8/11/23, the Court granted a partial stay of discovery under the terms of an agreed order (doc. # 37 ) submitted by the parties and entered by the Court. In granting the partial stay, the Court made clear that the stay was intended to be in effect during the pendency of defendants' motion to dismiss (doc. # 10 ), as the Court ordered an updated status report to be filed seven days after decision on that pending motion (doc. # 36 ). In the most recent joint status report, the parties state that they disagree about whether the stay should continue in full, even as the dismissal motion remains pending, and the defendants state that they see decision of that question turning on questions of contract law. The Court respectfully declines to decide this dispute based on the joint status report but would entertain a plaintiffs' motion to lift the stay. Any such motion must be on file no later than noon on 1/25/24, and the filing should contain, after conferral, a proposed agreed briefing schedule for entry by the magistrate judge. In the absence of such a motion, the stay will not be lifted, and the Court does not consider this a matter of contract law, because the stay has the effect of any court order, and any court order may be modified or vacated upon motion. Arguments on any motion to lift the stay ought to be directed to whether a continued stay is appropriate as a matter of law, and not whether plaintiffs contractually bound themselves to a continued stay. If such no motion is filed, a joint status report is due by noon on 1/26/24 on overall discovery status. Mailed notice. (lxk, ) (Entered: 01/11/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: The joint status report on overall discovery status due on 1/26/24 (doc. # 44 ) is overdue. The parties kindly are directed to file it by noon on 1/30/24. Mailed notice. (lxk, ) (Entered: 01/29/2024)

STATUS Report (Joint Status Report) by Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan Presented before Magistrate Judge (Greenspan, Barbara) (Entered: 01/30/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status report (doc. # 46 ), discovery remains stayed per the Court's orders, pending resolution of the motion to dismiss and until further order of Court. A further joint status report on stayed discovery (and any contemplated motion to lift the stay) is due by noon on 4/4/24. Mailed notice. (lxk, ) (Entered: 01/31/2024)

STATUS Report Joint on Stayed Discovery by Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Janet Wukas Polan Presented before Magistrate Judge (Verticchio, Thomas) (Entered: 04/04/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status report (doc. # 48 ), the partial discovery stay remains in effect as previously ordered. As for plaintiffs' request to move to lift the stay within the next 60 days, court leave is not required for such a motion, which will be ruled upon on its merits if filed. The next joint status report is due at noon on 6/6/24. Mailed notice. (lxk, ) (Entered: 04/04/2024)

STATUS Report by Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan Presented before Magistrate Judge (Verticchio, Thomas) (Entered: 06/06/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status report (doc. # 50 ), the next joint status report is due at noon on 8/6/24. Mailed notice. (lxk, ) (Entered: 06/07/2024)

STATUS Report by Karen Austin-Antoine, Ashley Deckert, Jacquelin Dortch, Debra Dyer-Webster, Ryan Goodwin, Illinois Department of Children and Family Services, Sari Rowitz, Marc D. Smith, Antwan Turpeau, Beverly J. Walker, Lauren Williams, Janet Wukas Polan Presented before Magistrate Judge (Verticchio, Thomas) (Entered: 08/05/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the status report (doc. # 52 ) the Court orders a further joint status report seven calendar days after the district court's ruling on the motion to dismiss and strike (doc. # 10 ), and in the meantime, discovery remains stayed. Mailed notice. (lxk, ) (Entered: 08/05/2024)

MINUTE entry before the Honorable Martha M. Pacold: In-person motion hearing is set for 9/16/2024 at 8:45 a.m. in Courtroom 2325. Each side will be given 30 minutes to argue the pending motion to dismiss, 10 . (rao, ) (Entered: 08/07/2024)

MINUTE entry before the Honorable Martha M. Pacold: The request to reset the motion hearing is granted. The motion hearing set for 9/16/2024 is stricken and reset to 9/30/2024 at 2:30 p.m. in Courtroom 2325. Each side will be given 30 minutes to argue the pending motion to dismiss, 10 . (rao, ) (Entered: 08/27/2024)

MINUTE entry before the Honorable Martha M. Pacold: The motion hearing set for 9/30/2024 is stricken and reset to 10/23/2024 at 10:00 a.m. in Courtroom 2325. Each side will be given 30 minutes to argue the pending motion to dismiss, 10 . (rao, ) (Entered: 09/23/2024)

MINUTE entry before the Honorable Martha M. Pacold: Oral argument on the pending motion to dismiss, 10 is set for 10/24/2024 at 1:45 p.m. in Courtroom 2325. Each side will be given 30 minutes to argue the motion to dismiss, 10 . (rao, ) (Entered: 10/18/2024)

MINUTE entry before the Honorable Martha M. Pacold: The motion hearing set for 10/24/2024 is stricken. Oral argument on the pending motion to dismiss, 10, is reset to 12/10/2024 at 1:00 p.m. in Courtroom 2325. Each side will be given 30 minutes to argue the motion to dismiss, 10 . (rao, ) (Entered: 10/23/2024)

MINUTE entry before the Honorable Martha M. Pacold: The motion hearing set for 12/10/2024 is stricken. If the court determines that oral argument is necessary, the court will schedule the argument at a later date. (rao, ) (Entered: 12/05/2024)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/28/2024)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion to dismiss, 10, is granted in part and denied in part. Defendants' motion to strike allegations is denied. Plaintiffs are given until 4/30/2025, to file a motion for leave to amend. Enter Memorandum Opinion and Order. (rao, ) (Entered: 03/31/2025)

MEMORANDUM OPINION AND ORDER Signed by the Honorable Martha M. Pacold on 3/31/2025: (rao, ) (Entered: 03/31/2025)

MINUTE entry before the Honorable Gabriel A. Fuentes: In view of the district court's order (doc. # 62 ) partially denying the motion to dismiss, the discovery stay is lifted. The parties are ordered to confer under Rule 26(f), to file a Rule 26(f) report with an agreed or contested schedule for discovery resumption, completion, or phasing no later than noon on 4/11/25, and to appear for a discovery and settlement status hearing at the 9 a.m. status call on 4/16/25 in Courtroom 1342 of the Dirksen U.S. Courthouse. Mailed notice. (lxk, ) (Entered: 04/01/2025)

Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP), filed by Plaintiffs J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W.. (Ladha, Fatima) (Entered: 04/11/2025)

ATTORNEY Appearance for Plaintiffs J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W. by Fatima Ladha (Ladha, Fatima) (Entered: 04/11/2025)

MINUTE entry before the Honorable Gabriel A. Fuentes: Discovery and settlement status hearing held. Rule 26(a)(1) disclosures to be issued on or before 5 p.m. on 5/30/25. Initial written discovery to be issued no later than 6/11/25. Joint request to phase discovery per the recent status report is granted. ESI production agreement by 6/10/25. A joint written status report on discovery progress, ESI discovery status, and settlement status to be filed by noon on 6/17/25. Mailed notice. (lxk, ) (Entered: 04/16/2025)

MOTION by Plaintiffs J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W. for reconsideration Presented before District Judge (Ladha, Fatima) (Entered: 04/29/2025)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for reconsideration, 67, is denied. Enter Order. (rao, ) (Entered: 05/21/2025)

ORDER Signed by the Honorable Martha M. Pacold on 5/21/2025: (rao, ) (Entered: 05/21/2025)

MOTION by Defendant Illinois Department of Children and Family Services for extension of time to file answer regarding complaint 1 (unopposed motion) Presented before District Judge (Greenspan, Barbara) (Entered: 06/03/2025)

MINUTE entry before the Honorable Martha M. Pacold: Defendant Illinois Department of Children and Family Services' unopposed motion for extension of time, 70, is granted. Defendant Illinois Department of Children and Family Services' answer is due by 6/25/2025. (rao, ) (Entered: 06/04/2025)

STATUS Report regarding discovery progress, Joint by J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W. Presented before Magistrate Judge (Ainsworth, Russell) (Entered: 06/17/2025)

MOTION by Plaintiffs J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W. for entry of judgment under Rule 54(b) Presented before District Judge (Ainsworth, Russell) (Entered: 06/20/2025)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' joint status report (doc. # 72 ) reporting that the parties have mutually agreed to extend the joint status report update so they may further discuss ESI discovery and more specifically the time period in which to conduct the search and the search terms to employ as to the first phase of discovery, the Court construes the report as a joint motion to extend the ESI production agreement. That motion is granted. No other adjustments to the discovery schedule have been requested, and no other adjustments are made. A joint status report on discovery progress, ESI discovery status, and settlement status is due at noon on 7/1/25. Mailed notice. (lxk, ) (Entered: 06/23/2025)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for entry of partial final judgment, 73, requests the court to enter partial final judgment as to their § 1983 claims (brought only against individual defendants). The motion, 73, is granted. "When an action presents more than one claim for relief, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay." Fed. R. Civ. P. 54(b). "A proper Rule 54(b) order requires the district court to make two determinations: (1) that the order in question was truly a 'final judgment,' and (2) that there is no just reason to delay the appeal of the claim that was 'finally' decided." Gen. Ins. Co. of Am. v. Clark Mall Corp., 644 F.3d 375, 379 (7th Cir. 2011) (quoting Sears, Roebuck & Co. v. Mackey, 351 U.S. 427, 435-37 (1956)). For an order to qualify as a "final judgment," "[i]t must be a 'judgment' in the sense that it is a decision upon a cognizable claim for relief, and it must be 'final' in the sense that it is 'an ultimate disposition of an individual claim entered in the course of a multiple claims action.'" Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1, 7 (1980) (quoting Sears, Roebuck & Co., 351 U.S. at 436). "[W]hether the 'district court's order was truly a final judgment'" depends on "the degree of overlap between the certified claim and all other parts of the case that are still pending in the district court." Mwangangi v. Nielsen, 48 F.4th 816, 823 (7th Cir. 2022) (quoting Rankins v. Sys. Sols. of Ky., LLC, 40 F.4th 589, 592 (7th Cir. 2022)). On 3/31/2025, the court granted individual defendants' motion to dismiss plaintiffs' § 1983 claims on state sovereign immunity grounds, but denied Illinois Department of Children and Family Services' ("DCFS") motion to dismiss plaintiffs' claims under the Americans with Disabilities Act and the Rehabilitation Act. 62 . The court also set a 4/30/2025 deadline for plaintiffs to file a motion for leave to amend. Id. at 13. In lieu of a motion for leave to amend, plaintiffs filed a motion for reconsideration, 67, which the court denied, 68, 69 . The court's 3/31/2025 order constitutes a final disposition of plaintiffs' § 1983 claims against individual defendants. The facts that plaintiffs must prove to prevail on their disability discrimination claims against DCFS do not overlap with the legal or factual predicates of individual defendants' state sovereign immunity defense or the "real party in interest" analysis. See Factory Mut. Ins. Co. v. Bobst Grp. USA, Inc., 392 F.3d 922, 924 (7th Cir. 2004) (noting that Rule 54(b) may "be employed only when the subjects of the partial judgment do not overlap with those ongoing in the district court" (citations omitted)). Indeed, plaintiffs' § 1983 claims (against individual defendants) and disability discrimination claims (against DCFS) "are based on 'entirely different legal entitlements yielding separate recoveries.'" Peerless Network, Inc. v. MCI Commc'ns Servs., Inc., 917 F.3d 538, 543 (7th Cir. 2019) (quotation omitted); see also Curtis-Universal, Inc. v. Sheboygan Emergency Med. Servs., Inc., 43 F.3d 1119, 1121 (7th Cir. 1994) ("The appeal is proper because, although litigation remains pending in the district court, the judge's order completely disposes of one party (First National) and the judge entered the order as a final judgment under Fed. R. Civ. P. 54(b)."). Therefore, resolution of plaintiffs' disability discrimination claims against DCFS would not "undercut" or "otherwise alter" the court's disposition of plaintiffs' § 1983 claims against individual defendants or any factual or legal issues relating to those claims. Rankins, 40 F.4th at 592 (quotation omitted). Because the court's 3/31/2025 order constitutes an "ultimate disposition" of plaintiffs' § 1983 claims against individual defendants, and because plaintiffs have not attempted to cure the deficiencies identified in that order via an amended complaint, the 3/31/2025 order qualifies as a final judgment with respect to those claims. Curtiss-Wright Corp., 446 U.S. at 7. Next, the court concludes that "there is no just reason to delay the appeal of the claim that was finally decided." Gen. Ins. Co. of Am., 644 F.3d at 379. "In determining whether there is no just reason to delay the appeal of individual final judgments, 'a district court must take into account judicial administrative interests as well as the equities involved.'" Wm. Wrigley Jr. Co. v. Cadbury Adams USA LLC, No. 04-cv-00346, 2010 WL 4115427, at *3 (N.D. Ill. Oct. 18, 2010) (quoting Curtiss-Wright Corp., 446 U.S. at 8). Because the court's 3/31/2025 order decided discrete issues in the course of dismissing discrete claims against discrete defendants, and because discovery and settlement negotiations are just now underway, an immediate appeal of that dismissal order would promote "judicial efficiency." Rankins, 40 F.4th at 592. For the foregoing reasons, the court finds that there is no "just reason for delay" for the entry of partial final judgment as to plaintiffs' § 1983 claims against individual defendants. (rao, ) (Entered: 06/24/2025)

ENTERED JUDGMENT Signed on 6/25/2025: (rao, ) (Entered: 06/25/2025)

MOTION by Defendant Illinois Department of Children and Family Services for extension of time to file answer regarding complaint 1 Presented before Magistrate Judge (Greenspan, Barbara) (Entered: 06/26/2025)

MINUTE entry before the Honorable Martha M. Pacold: Defendant Illinois Department of Children and Family Services' motion for extension of time, 77, is granted. Defendant Illinois Department of Children and Family Services' answer is due by 7/10/2025. (rao, ) (Entered: 06/30/2025)

MOTION by Attorney Fatima Ladha to withdraw as attorney for J. B., E. C., Janiah C., Charles Golbert, K. J., M. J., D. M., J. R., J. S., T. W.. No party information provided Presented before District Judge (Pierce, Megan) (Entered: 06/30/2025)

STATUS Report (Joint Status Report) by Illinois Department of Children and Family Services Presented before Magistrate Judge (Greenspan, Barbara) (Entered: 07/01/2025)

MINUTE entry before the Honorable Gabriel A. Fuentes: Upon review of the parties' joint status report (doc. # 80 ), stating that the parties agreed to meet and confer on 7/3/25 to discuss the ESI search terms proposed by Defendant as well as Defendant's request that Plaintiffs agree to a stay of discovery pending appeal of the decision granting dismissal of the §1983 claims, the Court makes no adjustment to the discovery schedule. The next joint status report on discovery progress, ESI discovery status, and settlement status is due at noon on 7/10/25. Mailed notice. (lxk, ) (Entered: 07/02/2025)

ORDER: Plaintiffs' motion to withdraw the appearance of Fatima Ladha as counsel of record, 79, is granted. Fatima Ladha terminated. Signed by the Honorable Martha M. Pacold on 7/2/2025. Mailed notice (aee, ) (Entered: 07/02/2025)

STATUS Report (Joint Status Report) by Illinois Department of Children and Family Services Presented before Magistrate Judge (Greenspan, Barbara) (Entered: 07/10/2025)

MINUTE entry before the Honorable Gabriel A. Fuentes: Upon review of the parties' joint status report (doc. # 83 ), confirming that written discovery is progressing as scheduled and detailing the parties' conferral efforts as to ESI, the Court construes the status report as a second joint motion to extend the deadline for the ESI production agreement (see doc. # 74 ). That motion is granted. ESI production agreement now due by 8/11/25. No other adjustments to the discovery schedule have been requested, and no other adjustments are made. The next joint status report on discovery progress and settlement is due at noon on 8/12/25. If the parties at any time decide they wish to engage in a settlement conference, they may contact the courtroom deputy, Lauren Knight, at 312-818-6514. Mailed notice. (lxk, ) (Entered: 07/10/2025)

ANSWER to Complaint by Illinois Department of Children and Family Services(Greenspan, Barbara) (Entered: 07/10/2025)