Case: United States v. Village of Hinsdale

1:20-cv-06959 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 24, 2020, the Housing and Civil Enforcement Section of the Civil Rights Division of the United States Department of Justice (DOJ) filed a lawsuit in the U.S. District Court for the Northern District of Illinois against the Village of Hinsdale, Illinois. The lawsuit alleged that the Village discriminated on the basis of disability in violation of the Fair Housing Act (FHA) when it prohibited a sober living facility from operating and refused to consider  the facility’s request for a …

On November 24, 2020, the Housing and Civil Enforcement Section of the Civil Rights Division of the United States Department of Justice (DOJ) filed a lawsuit in the U.S. District Court for the Northern District of Illinois against the Village of Hinsdale, Illinois. The lawsuit alleged that the Village discriminated on the basis of disability in violation of the Fair Housing Act (FHA) when it prohibited a sober living facility from operating and refused to consider  the facility’s request for a reasonable accommodation to the Village’s zoning code that would permit it to operate. The case was assigned to Judge Robert W. Gettleman.

In its complaint, DOJ alleged that the Village of Hinsdale claimed the sober living facility was prohibited from operating, regardless of the number of residents it had, because it was a “commercial” land use under the Village’s zoning code, which precluded it from operating in single family residential districts. On August 7, 2019, the facility had submitted a request for a reasonable accommodation to the zoning and land use laws under the FHA, which the Village refused to consider. Instead, the Village filed a lawsuit to evict the facility the day after the request was submitted. On November 6, 2019, the facility sued the Village for refusing to provide a reasonable accommodation in accordance with the FHA and the Americans with Disabilities Act (ADA). That lawsuit, Trinity Sober Living v. Village of Hinsdale (1:19-cv-7321), was formally consolidated with this action on August 27, 2021. The Village took the position that  group homes with three or more unrelated persons violate the Village’s zoning code, effectively excluding most group homes for persons with disabilities. The Village also argued that it did not deny the facility its reasonable accommodation.

In its lawsuit, DOJ argued that the sober living facility was a “dwelling” within the meaning of the FHA and that residents of the facility qualified as individuals with disabilities for purposes of the FHA. Further, DOJ argued that by prohibiting the facility from operating and refusing to grant a reasonable accommodation, the Village discriminated against people with disabilities, in violation of the FHA. 

On January 25, 2021, the Village moved to dismiss this action. The Court denied the motion on March 18, 2021. The Village argued that the case was moot because the sober living facility voluntarily moved out of the Village before the lawsuit was filed. The court rejected this argument, however, because DOJ alleged that the sober living facility intended to return to the Village and would likely be subjected to the same kind of discrimination. The Village also argued that the case should be dismissed because it contradicted a joint statement between DOJ and the Department of Housing and Urban Development, in which the agencies described permissible land use restrictions that could be imposed on groups of unrelated individuals. The court also rejected this argument, citing the very same joint statement, which made clear that groups of individuals with disabilities had the right to seek an exception or waiver to generally applicable restrictions. 

In the same opinion, on March 18, 2021, the court also issued a ruling on the Village’s motion to dismiss the sober living facility’s suit in Trinity Sober Living v. Village of Hinsdale. In that case, the Village argued that the facility failed to allege specific factual allegations to plausibly support its claims. The court rejected this argument, finding that the facility’s allegations were sufficient to plausibly infer that the Village was determined to prevent a home for persons with disabilities from moving into the neighborhood. The Village also argued that the facility failed to allege that it asked for a reasonable accommodation and therefore was never refused. The court also rejected this argument, finding that the facility had sufficiently alleged that it requested an accommodation, and that rather than respond by telling the facility to apply for a variance or special use permit, or to attempt to negotiate a reasonable solution, the Village immediately filed suit to enforce the very zoning provision from which the facility sought an accommodation. The court held that it was reasonable for the facility to conclude that any such request was doomed from the start, and as such the court concluded that the facility had stated a claim for failing to make a reasonable accommodation. Therefore, the court denied the motion with regard to the facility’s discrimination claims. However, the court granted the motion with regard to the facility’s claim that the Village retaliated against it for requesting a reasonable accommodation by filing an eviction lawsuit. The court held that the facility did not sufficiently allege that the eviction lawsuit was a sham, or that the Village’s allegations were frivolous or objectively baseless.

The parties moved to consolidate the case brought by the sober living facility and the case brought by DOJ on August 26, 2021, which the court granted the following day. 

Following more than a year of discovery, the parties jointly moved for the entry of a consent decree that would resolve the entire consolidated action on February 1, 2023. The court entered the consent decree on the same day.

The consent decree set forth the following requirements for the Village of Hinsdale: 1) repeal sections of its Business and Licensing Code regarding group homes for people with disabilities; 2) revise its Zoning Code to permit group homes serving individuals with disabilities as of right; 3) adopt a new written policy for reasonable accommodations; 4) designate a Fair Housing Compliance Officer to ensure the Village’s compliance with the decree; 5) undergo fair-housing training; 6) submit periodic compliance reports to the Department of Justice; 7) pay $790,000 in damages, attorney’s fees and costs to the sober living facility; and 8) pay a $10,000 civil penalty to the United States. The consent decree also specified that it would remain in effect for four years and that the court would retain jurisdiction to enforce the agreement.

Summary Authors

Nina Gerdes (2/22/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/48861215/parties/united-states-v-village-of-hinsdale/


Judge(s)
Attorney for Plaintiff

America, United States (Illinois)

Crimer, Christopher K (Illinois)

Esposito, Nicholas Frank (Illinois)

Attorney for Defendant

Corbett, Ross Jacob (Illinois)

Desideri, Lawrence R. (Illinois)

show all people

Documents in the Clearinghouse

Document
1

1:19-cv-07321

Complaint

Trinity Sober Living v. Village of Hinsdale

Nov. 6, 2019

Nov. 6, 2019

Complaint
48

1:19-cv-07321

Amended Complaint

Trinity Sober Living v. Village of Hinsdale

July 15, 2020

July 15, 2020

Complaint
1

1:20-cv-06959

Complaint

Nov. 24, 2020

Nov. 24, 2020

Complaint

1:20-cv-06959

Complaint

United States of America v. Village of Hinsdale

Nov. 24, 2020

Nov. 24, 2020

Complaint
17

1:20-cv-06959

Memorandum Opinion and Order

Trinity Sober Living v. Village of Hinsdale

March 18, 2021

March 18, 2021

Order/Opinion
55

1:20-cv-06959

Consent Decree

Trinitiy Sober Living, LLC v. Village of Hinsdale

Feb. 1, 2023

Feb. 1, 2023

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/48861215/united-states-v-village-of-hinsdale/

Last updated Dec. 1, 2023, 11:37 p.m.

ECF Number Description Date Link Date / Link
1

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

Nov. 24, 2020

Nov. 24, 2020

Clearinghouse

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

Nov. 24, 2020

Nov. 24, 2020

PACER
2

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

Dec. 1, 2020

Dec. 1, 2020

PACER
3

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

Dec. 1, 2020

Dec. 1, 2020

PACER
4

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

Dec. 2, 2020

Dec. 2, 2020

PACER
5

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)

Dec. 2, 2020

Dec. 2, 2020

PACER
6

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)

Dec. 3, 2020

Dec. 3, 2020

PACER
7

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

Dec. 3, 2020

Dec. 3, 2020

PACER
8

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

Jan. 13, 2021

Jan. 13, 2021

PACER
9

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)

Jan. 14, 2021

Jan. 14, 2021

PACER
10

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

Jan. 25, 2021

Jan. 25, 2021

PACER
11

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)

Jan. 25, 2021

Jan. 25, 2021

PACER
12

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)

Jan. 26, 2021

Jan. 26, 2021

PACER
13

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)

Feb. 9, 2021

Feb. 9, 2021

PACER
14

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)

Feb. 9, 2021

Feb. 9, 2021

PACER
15

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)

Feb. 23, 2021

Feb. 23, 2021

PACER
16

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)

March 9, 2021

March 9, 2021

PACER
17

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)

March 18, 2021

March 18, 2021

Clearinghouse
18

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

April 15, 2021

April 15, 2021

PACER
19

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

April 23, 2021

April 23, 2021

PACER
20

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

April 26, 2021

April 26, 2021

PACER
21

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)

April 26, 2021

April 26, 2021

PACER
22

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)

April 26, 2021

April 26, 2021

PACER
23

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)

April 26, 2021

April 26, 2021

PACER
24

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)

May 19, 2021

May 19, 2021

PACER
25

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)

June 8, 2021

June 8, 2021

PACER
26

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

July 8, 2021

July 8, 2021

PACER
27

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)

July 8, 2021

July 8, 2021

PACER
28

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)

July 8, 2021

July 8, 2021

PACER
29

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)

July 8, 2021

July 8, 2021

PACER
30

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

July 14, 2021

July 14, 2021

PACER
31

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)

July 14, 2021

July 14, 2021

PACER
32

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

July 14, 2021

July 14, 2021

RECAP
33

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

Aug. 26, 2021

Aug. 26, 2021

PACER
34

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)

Aug. 27, 2021

Aug. 27, 2021

PACER

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

Aug. 27, 2021

Aug. 27, 2021

PACER
35

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)

Sept. 23, 2021

Sept. 23, 2021

PACER
36

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)

Sept. 23, 2021

Sept. 23, 2021

PACER
37

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

March 2, 2022

March 2, 2022

PACER
38

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

March 24, 2022

March 24, 2022

PACER
39

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

June 1, 2022

June 1, 2022

PACER
40

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

June 3, 2022

June 3, 2022

PACER
41

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)

June 6, 2022

June 6, 2022

PACER
42

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)

June 9, 2022

June 9, 2022

PACER
43

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)

June 13, 2022

June 13, 2022

PACER
44

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)

July 9, 2022

July 9, 2022

PACER
46

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

July 20, 2022

July 20, 2022

PACER
47

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)

July 20, 2022

July 20, 2022

RECAP
48

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)

Sept. 30, 2022

Sept. 30, 2022

PACER
49

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)

Nov. 7, 2022

Nov. 7, 2022

PACER
50

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)

Nov. 29, 2022

Nov. 29, 2022

PACER
51

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)

Dec. 29, 2022

Dec. 29, 2022

PACER
52

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

Jan. 4, 2023

Jan. 4, 2023

PACER
53

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)

Feb. 1, 2023

Feb. 1, 2023

RECAP
54

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)

Feb. 1, 2023

Feb. 1, 2023

PACER
55

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

Feb. 1, 2023

Feb. 1, 2023

Clearinghouse

Case Details

State / Territory: Illinois

Case Type(s):

Fair Housing/Lending/Insurance

Disability Rights

Key Dates

Filing Date: Nov. 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Housing and Civil Enforcement Section of the Civil Rights Division of the U.S. Department of Justice, and, after consolidation, a sober living facility seeking to operate in Hinsdale, Illinois.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Non-profit NON-religious organization

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Village of Hinsdale, Illinois (Hinsdale, Cook), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 800,000

Order Duration: 2023 - None

Content of Injunction:

Reasonable Accommodation

Develop anti-discrimination policy

Provide antidiscrimination training

Recordkeeping

Issues

General:

Housing

Disability and Disability Rights:

Reasonable Accommodations

disability, unspecified

Discrimination-area:

Housing Sales/Rental

Zoning

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Non-government non-profit