Case: United States v. Village of Hinsdale

Trinity Sober Living v. Village of Hinsdale

Trinity Sober Living v. Village of Hinsdale

United States of America v. Village of Hinsdale

Trinity Sober Living v. Village of Hinsdale

Trinitiy Sober Living, LLC v. Village of Hinsdale

COMPLAINT filed by United States of America; (Attachments: # 1 Civil Cover Sheet, # 2 Errata Summons)(Lapertosa, Max) (Entered: 11/24/2020)

CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (cm, )

ATTORNEY Appearance for Defendant Village of Hinsdale by Lawrence R. Desideri (Desideri, Lawrence) (Entered: 12/01/2020)

ATTORNEY Appearance for Defendant Village of Hinsdale by Brook R. Long (Long, Brook) (Entered: 12/01/2020)

DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Plaintiff United States of America (Johnson, Patrick) (Entered: 12/02/2020)

MOTION by Defendant Village of Hinsdale for extension of time to file answer regarding complaint 1 or Otherwise Respond (UNOPPOSED) (Long, Brook) (Entered: 12/02/2020)

MINUTE entry before the Honorable Robert W. Gettleman: Defendant's unopposed motion for an extension of time to answer 5 is granted. Defendant's responsive pleading due on or before 1/25/2021. Mailed notice (cn). (Entered: 12/03/2020)

DESIGNATION of Kathleen Marie Flannery as U.S. Attorney for Plaintiff United States of America (Flannery, Kathleen) (Entered: 12/03/2020)

MOTION by Defendant Village of Hinsdale for leave to file excess pages (Unopposed) (Long, Brook) (Entered: 01/13/2021)

MINUTE entry before the Honorable Robert W. Gettleman: Defendant's Unopposed Motion for Leave to Exceed the Page Limit 8 is granted. Defendant has leave to file a brief of up to 20 pages in support of its motion to dismiss. Mailed notice (cn). (Entered: 01/14/2021)

MOTION by Defendant Village of Hinsdale to dismiss (Long, Brook) (Entered: 01/25/2021)

MEMORANDUM by Village of Hinsdale in support of motion to dismiss 10 (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 through 9)(Long, Brook) (Entered: 01/25/2021)

MINUTE entry before the Honorable Robert W. Gettleman: The court sets the following briefing schedule on defendant's motion to dismiss 10 : plaintiff's response due by 2/23/2021; defendant's reply due by 3/9/2021. Telephonic status hearing set for 5/20/2021 at 9:15 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 01/26/2021)

MOTION by Plaintiff United States of America for leave to file excess pages for brief in opposition to motion to dismiss (Lapertosa, Max) (Entered: 02/09/2021)

MINUTE entry before the Honorable Robert W. Gettleman: United States' unopposed motion for extension of page limit 13 is granted. Plaintiff has leave to file a response brief of up to 20 pages in length. Mailed notice (cn). (Entered: 02/09/2021)

MEMORANDUM by United States of America in Opposition to motion to dismiss 10 (Attachments: # 1 Exhibit Order, Vill. of Hinsdale v. Trinity Sober Living, # 2 Exhibit 2019 Hinsdale Zoning Map, # 3 Exhibit Complaint, Vill. of Hinsdale v. Trinity Sober Living, # 4 Exhibit J. Statement of Dep't of Hous. & Urban Dev. & Dep't of Justice, State and Local Land Use Laws and Practices)(Lapertosa, Max) (Entered: 02/23/2021)

REPLY by Village of Hinsdale to memorandum in opposition to motion, 15 (Attachments: # 1 Index of Exhibits, # 2 Exhibits 10-12)(Long, Brook) (Entered: 03/09/2021)

MEMORANDUM Opinion and Order signed by the Honorable Robert W. Gettleman on 3/18/2021: For the reasons set forth in the attached Opinion and Order, the Village of Hinsdale's motions to dismiss in cases 19-c-7321 [Doc. 53 ] and 20-c-6959 [Doc. 10 ] are denied, with the exception of Trinity Sober Living, LLC's claim for retaliation. The Village of Hinsdale is directed to answer the complaints by April 15, 2019. This matter is set for a telephonic status on April 27, 2019, at 9:45 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 03/18/2021)

ANSWER to Complaint by Village of Hinsdale(Long, Brook) (Entered: 04/15/2021)

JURY Demand (Long, Brook) (Entered: 04/23/2021)

STATUS Report Joint by United States of America (Lapertosa, Max) (Entered: 04/26/2021)

MINUTE entry before the Honorable Robert W. Gettleman: In light of the parties' Joint Status Report 20, telephonic status hearing set for 4/27/2021 and 5/20/2021 are stricken and reset to 9/23/2021 at 9:15 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. The court refers discovery supervision, including setting discovery deadlines, and settlement to Magistrate Judge Weisman. Mailed notice (cn). (Entered: 04/26/2021)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: discovery supervision, including setting discovery deadlines, and settlement. (cn) Mailed notice. (Entered: 04/26/2021)

MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery supervision, including setting all deadlines, and settlement. Initial status hearing scheduled for 5/19/21 at 9:15 a.m. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Parties shall dial in using the Court's conference call-in number. The conference call- in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice (ao,) (Entered: 04/26/2021)

MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Parties appeared telephonically and discussed a related case, Trinity Sober Living, LLC v. Village of Hinsdale (19-cv-7321), which is assigned to District Judge Gettleman and Magistrate Judge Cole. The parties discussed whether this case should be reassigned to one magistrate judge for purposes of judicial economy. Defendant's counsel reported that Defendant would like to exchange some discovery before having a settlement conference. The Court informed the parties about his professional relationship with attorney Patrick Walter Johnson, counsel for Plaintiff. As discussed, Defendant's counsel may ask any questions about this relationship at the next status hearing or take other steps as counsel feels appropriate. A telephonic status hearing is set for 6/8/21 at 9:15 a.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao, ) (Entered: 05/20/2021)

MINUTE entry before the Honorable M. David Weisman: Status hearing set for 6/8/21 is stricken and reset to 7/9/21 at 9:15 a.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao, ) (Entered: 06/08/2021)

EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Jeffrey Cole. Signed by Honorable Jeffrey Cole on 07/08/2021.(daj, ) (Entered: 07/08/2021)

MINUTE entry before the Honorable M. David Weisman: In light of the entry of the executive committee order, the status hearing scheduled for 7/9/21 before Judge Weisman is stricken. Mailed notice (ao, ) (Entered: 07/08/2021)

MINUTE entry before the Honorable Jeffrey Cole:Executive Committee has referred the case here for discovery supervision, including setting discovery deadlines, and settlement. 26 . The Court adopts the discovery schedule included in the Joint Status Report. 20 . The schedule is as follows: Initial disclosures to be exchanged by 5/14/21; Fact discovery, including depositions, to be completed by 2/28/22; Expert disclosures by 4/15/22; Rebuttal disclosures by 6/1/22; Expert discovery, including depositions, to be completed by 7/15/22 and Dispositive motions to be filed by 9/1/22. Telephone Status Conference is set for 7/28/21 at 11:30am to discuss the progress of discovery. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. 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. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt) (Entered: 07/08/2021)

MINUTE entry before the Honorable Jeffrey Cole:Telephone Status Conference set for 7/28/21 is stricken and RESET to 10/6/21 at 10:00am to discuss the progress of discovery. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. 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. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt) (Entered: 07/08/2021)

STIPULATION on Discovery of Electronically-Stored Information (Lapertosa, Max) (Entered: 07/14/2021)

MINUTE entry before the Honorable Jeffrey Cole: Stipulation and Order Regarding Discovery of Electronically-Stored Information And Other Documents 30 approved. ENTER ORDER. Mailed notice (yt) (Entered: 07/14/2021)

STIPULATION AND ORDER: Signed by the Honorable Jeffrey Cole on 7/14/21. Mailed notice (yt) (Entered: 07/14/2021)

MOTION by Plaintiff United States of America to consolidate cases by all parties (Lapertosa, Max) (Entered: 08/26/2021)

MINUTE entry before the Honorable Robert W. Gettleman: Joint motion of plaintiffs United States of America and Trinity Sober Living LLC and defendant Village of Hinsdale to consolidate cases 33 is granted. Pursuant to Fed. R. Civ. P. 42(a)(2) the Clerk is directed to consolidate 19 C 7321, Trinity Sober Living, LLC v. Village of Hinsdale, Illinois and 20 C 6959, United States of America v. Village of Hinsdale, Illinois for all purposes. Mailed notice (cn). (Entered: 08/27/2021)

CONSOLIDATED for all purposes. See docket of 19-cv-7321 for all further entries.(kl, )

MINUTE entry before the Honorable Jeffrey Cole: The telephone status conference set for 10/6/21 is stricken and reset to 10/26/21 at 10:00am in conjunction with case #19cv7321. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. 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 (yt) (Entered: 09/23/2021)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 9/23/2021. The parties reported on discovery. The parties are directed to file a brief written status report by 7/15/2022. Telephonic status hearing set for 7/21/2022 at 9:15 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 09/23/2021)

ATTORNEY Appearance for Defendant Village of Hinsdale by Ross Jacob Corbett (Corbett, Ross) (Entered: 03/02/2022)

ATTORNEY Appearance for Defendant Village of Hinsdale by Paul John Sauerteig (Sauerteig, Paul) (Entered: 03/24/2022)

ATTORNEY Appearance for Defendant Village of Hinsdale by Kurt Aaron Mathas (Mathas, Kurt) (Entered: 06/01/2022)

MOTION by Attorney Brook R. Long to withdraw as attorney for Village of Hinsdale. No party information provided (Long, Brook) (Entered: 06/03/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Defendant Village of Hinsdale's motion for leave to withdraw attorney Brook R. Long as counsel 40 is granted. Mailed notice (cn). (Entered: 06/06/2022)

MOTION by Plaintiff United States of America for extension of time to complete discovery (Attachments: # 1 Exhibit A- Cauley Dep. Excerpt)(Flannery, Kathleen) (Entered: 06/09/2022)

MINUTE entry before the Honorable Jeffrey Cole: Trinity Sober Living, LLC and the United States of America have filed Motion to Extend Fact Discovery 106 . The request does not seek an extension of the expert discovery schedule. The motion was filed almost a week after fact discovery was scheduled to end 102, 106 . Normally, motions for extension of discovery filed after the discovery close date are properly denied. However, in light of the discussion of the history of this case in the motion to extend, the motion is granted. Fact discovery is extended from 6/3/22 to 7/15/22. Expert discovery is scheduled to end on 9/30/22, and that date is not extended, nor was it requested that the expert discovery schedule be changed [106, para. 12] in case 19cv7321. In case 20cv6959 Motion to Extend Fact Discovery 42 is granted. Emailed notice (yt) (Entered: 06/13/2022)

MINUTE entry before the Honorable Robert W. Gettleman: In light of ongoing discovery before Magistrate Judge Cole 43, telephonic status hearing set for 7/21/2022 is stricken and reset to 10/14/2022 at 9:15 a.m. Members of the public and media may listen to these proceedings by dialing (888) 684-8852 and using the access code is 1503395. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, 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 (cn). (Entered: 07/09/2022)

MOTION by Defendant Village of Hinsdale to withdraw Response 45 (Mathas, Kurt) (Entered: 07/20/2022)

MINUTE entry before the Honorable Jeffrey Cole: Defendant Village of Hinsdale's Motion To Withdraw Its Pleading With Permission To Refile 46 in case #19cv7321 is granted. Emailed notice (yt) (Entered: 07/21/2022)

MINUTE entry before the Honorable Robert W. Gettleman: In light of the settlement conference set in 19 cv 7321 set for 11/3/2022, telephonic status hearing set for 10/14/2022 is stricken and reset to 11/14/2022 at 9:15 a.m. Members of the public and media may listen to these proceedings by dialing (888) 684-8852 and using the access code is 1503395. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, 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 (cn). (Entered: 09/30/2022)

MINUTE entry before the Honorable Robert W. Gettleman: In light of the resetting of the settlement conference and ongoing discovery, telephonic hearing set for 11/14/2022 is stricken and reset to 2/14/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. This hearing will be stricken if a Stipulation to Dismiss is filed prior to that date. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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 (cn). (Entered: 11/07/2022)

TRANSCRIPT OF PROCEEDINGS held on 07/20/22 before the Honorable Jeffrey Cole. Order Number: 43740. 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 12/20/2022. Redacted Transcript Deadline set for 12/30/2022. Release of Transcript Restriction set for 2/27/2023. (Mullen, Patrick) (Entered: 11/29/2022)

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 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022)

ATTORNEY Appearance for Defendant Village of Hinsdale by Katherine Laura Kyman (Kyman, Katherine) (Entered: 01/04/2023)

MOTION by Plaintiff United States of America for order Joint Motion for Entry of Consent Decree (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Lapertosa, Max) (Entered: 02/01/2023)

MINUTE entry before the Honorable Robert W. Gettleman: The parties' Joint Motion For Entry Of Consent Decree 53 is granted. Enter Consent Decree. Telephonic hearing set for 2/14/2023 is stricken. Civil case terminated. Mailed notice (cn). (Entered: 02/01/2023)

CONSENT DECREE signed by the Honorable Robert W. Gettleman on 2/1/2023. Mailed notice (cn). (Entered: 02/01/2023)

MINUTE entry before the Honorable Jeffrey Cole: Judge Honorable Jeffrey Cole no longer referred to the case. Emailed notice (yt) (Entered: 06/13/2023)