Case: National Institute of Family Life Advocates v. Raoul

National Institute of Family and Life Advocates v. Raoul

National Institute of Family and Life Advocates v. Raoul

National Institute of Family and Life Advocates v. Raoul

National Institute of Family and Life Advocates v. Raoul

COMPLAINT filed by Relevant Pregnancy Options, National Institute of Family Life Advocates, Rockford Family Initiative, Women's Help Services, Pro-Life Action League; Jury Demand. Filing fee $ 402, receipt number AILNDC-20871708. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Civil Cover Sheet)(Breen, Peter) (Entered: 07/27/2023)

1 Exhibit 1

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2 Exhibit 1A

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Civil Cover Sheet

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CERTIFICATE of Service by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services regarding memorandum in support of motion, 4, attorney appearance 2, declaration, 7, MOTION by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services for leave to file excess pages EMERGENCY MOTION 5, notification of affiliates pursuant to local rule 3.2 9, declaration 6, MOTION by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services for preliminary injunction MOTION by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services for temporary restraining order EMERGENCY MOTION 3, declaration, 8 (Breen, Peter) (Entered: 07/27/2023)

ATTORNEY Appearance for Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services by Peter Christopher Breen (Breen, Peter) (Entered: 07/27/2023)

MOTION by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services for preliminary injunction, MOTION by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services for temporary restraining order EMERGENCY MOTION (Breen, Peter) (Entered: 07/27/2023)

MEMORANDUM by National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services in support of motion for preliminary injunction,, motion for temporary restraining order, 3 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Breen, Peter) (Entered: 07/27/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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MOTION by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services for leave to file excess pages EMERGENCY MOTION (Breen, Peter) (Entered: 07/27/2023)

DECLARATION of Professor Michael New regarding memorandum in support of motion, 4, motion for preliminary injunction,, motion for temporary restraining order, 3 (Attachments: # 1 Exhibit A)(Breen, Peter) (Entered: 07/27/2023)

1 Exhibit A

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DECLARATION of John Jansen regarding memorandum in support of motion, 4, motion for preliminary injunction,, motion for temporary restraining order, 3 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Breen, Peter) (Entered: 07/27/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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DECLARATION of Peter Breen, Esq. regarding memorandum in support of motion, 4, motion for preliminary injunction,, motion for temporary restraining order, 3 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Breen, Peter) (Entered: 07/27/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Breen, Peter) (Entered: 07/27/2023)

case assigned

clerk's notice

CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa Jensen. Case assignment: Direct assignment. (pg, )

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. (pg, )

ATTORNEY Appearance for Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services by Thomas L. Brejcha, Jr (Brejcha, Thomas) (Entered: 07/28/2023)

ATTORNEY Appearance for Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services by Brennan Tyler Brooks (Brooks, Brennan) (Entered: 07/28/2023)

summons issued

SUMMONS Issued as to Defendant Kwame Raoul (smb, )

SUMMONS Returned Executed by Relevant Pregnancy Options, National Institute of Family Life Advocates, Rockford Family Initiative, Women's Help Services, Pro-Life Action League as to Kwame Raoul on 7/31/2023, answer due 8/21/2023. (Breen, Peter) (Entered: 07/31/2023)

MINUTE entry before the Honorable Iain D. Johnston: A Preliminary Injunction hearing on the plaintiff's motion 3 is set for 8/3/2023 at 1:30 PM and shall be held in person. Plaintiff shall provide personal service of the notice of the hearing to the Illinois Attorney General's Office as well as by email and a phone call, no later than 4:30 P.M. today. (yxp, ) (Entered: 08/01/2023)

CERTIFICATE of Service by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services regarding set/reset hearings, 14 (Breen, Peter) (Entered: 08/01/2023)

ATTORNEY Appearance for Defendant Kwame Raoul by R. Douglas Rees (Rees, R.) (Entered: 08/02/2023)

MINUTE entry before the Honorable Iain D. Johnston: Consistent with this Court's practice of providing questions in advance of evidentiary or contested hearings when possible, attached is an admittedly incomplete list of questions that the Court will raise at the preliminary injunction hearing. Some questions are factual; some questions are legal; and some are a mix of fact and law. To the extent the questions are factual, the Court would find it very helpful if a witness were available who could answer these questions under oath. Again, this is just a preliminary list. The Court will have more, but the Court thought it would be helpful to provide at least the current list in advance of tomorrow's hearing. (Attachments: # 1 List of Questions) (yxp, ) (Entered: 08/02/2023)

1 List of Questions

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MINUTE entry before the Honorable Iain D. Johnston: I told you there would be more questions. Here's two easy ones. Are the Centers' counselors compensated by the Center for their services? Do the Centers charge for their services or for baby supplies? (yxp, ) (Entered: 08/02/2023)

ATTORNEY Appearance for Defendant Kwame Raoul by Darren Bernens Kinkead (Kinkead, Darren) (Entered: 08/03/2023)

MOTION by Defendant Kwame Raoul for extension of time to file response/reply EMERGENCY Presented before District Judge (Attachments: # 1 Exhibit Prim v. Raoul)(Kinkead, Darren) (Entered: 08/03/2023)

1 Exhibit Prim v. Raoul

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MINUTE entry before the Honorable Iain D. Johnston: Defendant's motion 20 is denied. The motion is meritless on many levels, too many to explain in a minute order. Defendant has been given timely notice of the hearing and was served last week. This lawsuit should not come as a surprise to Defendant. Any standing concerns or any other jurisdictional issues can and will be addressed at the hearing. The preliminary injunction hearing will proceed as scheduled. Be there. (yxp, ) (Entered: 08/03/2023)

ATTORNEY Appearance for Defendant Kwame Raoul by Mary Alice Johnston (Johnston, Mary) (Entered: 08/03/2023)

ATTORNEY Appearance for Defendant Kwame Raoul by Marci L. Sahinoglu (Sahinoglu, Marci) (Entered: 08/03/2023)

Western Division ADR Notification (jp, ) (Entered: 08/03/2023)

MINUTE entry before the Honorable Iain D. Johnston: Plaintiff's motion for leave to file excess pages 5 is granted. (yxp, ) (Entered: 08/03/2023)

MINUTE entry before the Honorable Iain D. Johnston: Preliminary Injunction hearing held on 8/3/2023. Order to enter. (yxp, ) (Entered: 08/04/2023)

RULE 65 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Iain D. Johnston on 8/4/2023: (Attachments: # 1 Exhibit SB1909) (yxp, ) (Entered: 08/04/2023)

1 Exhibit SB1909

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MINUTE entry before the Honorable Lisa A. Jensen: The parties shall jointly complete the PDF fillable initial status report form found on Judge Jensen's webpage at www.ilnd.uscourts.gov under Initial Status Conferences and Reports and file by 8/17/2023. Mailed notice. (vk) (Entered: 08/08/2023)

TRANSCRIPT OF PROCEEDINGS held on 8/3/2023 before the Honorable Iain D. Johnston. Order Number: 46519, 46513, 46501. Court Reporter Contact Information: Heather Perkins-Reiva, heather_perkins-reiva@ilnd.uscourts.gov, (779)772-8309. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/4/2023. Redacted Transcript Deadline set for 9/12/2023. Release of Transcript Restriction set for 11/10/2023. (Perkins-Reiva, Heather) (Entered: 08/12/2023)

MOTION by Defendant Kwame Raoul for extension of time Joint motion to set schedule and adjust existing deadlines Presented before Magistrate Judge (Kinkead, Darren) (Entered: 08/17/2023)

MINUTE entry before the Honorable Lisa A. Jensen: Defendant's motion for an extension of time to file an answer to Plaintiffs' complaint 30 is unopposed and granted. Defendant shall answer Plaintiffs' complaint by 9/8/2023. By 10/16/2023, the parties shall jointly file the PDF fillable initial status report form found on Judge Jensen's webpage at www.ilnd.uscourts.gov under Initial Status Conferences and Reports. The parties shall participate in a 26(f) conference and exchange their 26(a)(1) disclosures by 10/20/2023. A telephonic status conference is set for 10/23/2023 at 10:30 AM. Public access is available via the following call-in number: (877) 336-1831 with access code 2813746 #. Counsel for all parties are ordered to appear by using the following link: https://teleconference.uc.att.com/ecm/?bp=4044436397&mac=2813746 or by using the call-in number above. 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. Mailed notice (jp, ) (Entered: 08/18/2023)

ATTORNEY Appearance for Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services by Michael Mchale (Mchale, Michael) (Entered: 09/08/2023)

ANSWER to Complaint with Jury Demand by Kwame Raoul(Kinkead, Darren) (Entered: 09/08/2023)

STATUS Report Joint Initial Status Report by Kwame Raoul Presented before Magistrate Judge (Kinkead, Darren) (Entered: 10/16/2023)

MINUTE entry before the Honorable Lisa A. Jensen: Telephonic initial status hearing held 10/23/2023. As discussed in open court, by 11/6/2023, the parties shall file a joint status report indicating how they plan to proceed in the case. Mailed notice. (vk) (Entered: 10/23/2023)

STATUS Report Joint Status Report by Kwame Raoul Presented before Magistrate Judge (Kinkead, Darren) (Entered: 11/06/2023)

MINUTE entry before the Honorable Lisa A. Jensen: The Court has reviewed the parties' status report 36 . By 11/30/2023, the parties shall jointly submit a status report indicating how they plan to proceed in the case. Mailed notice. (vk) (Entered: 11/07/2023)

STATUS Report Joint Status Report by Kwame Raoul Presented before Magistrate Judge (Kinkead, Darren) (Entered: 11/30/2023)

MINUTE entry before the Honorable Lisa A. Jensen: The Court has reviewed the parties' status report 38 . A telephonic status hearing is set for 12/12/2023 at 11:30 AM for an update on the status of the case. Public access is available via the following call-in number: (877) 336-1831 with access code 2813746 #. Counsel for all parties are ordered to appear by using the following link: https://teleconference.uc.att.com/ecm/?bp=4044436397&mac=2813746 or by using the call-in number above. 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. Mailed notice. (vk) (Entered: 12/01/2023)

MOTION by Defendant Kwame Raoul Joint Motion to Enter Agreed Order Presented before District Judge (Kinkead, Darren) (Entered: 12/11/2023)

MINUTE entry before the Honorable Lisa A. Jensen: In light of Defendant's motion to enter an agreed order 40, the telephonic status hearing previously set for 12/12/2023 at 11:30 AM is stricken, and no appearances are required. Mailed notice. (vk) (Entered: 12/11/2023)

MINUTE entry before the Honorable Iain D. Johnston: A telephonic status hearing is set for 12/14/2023 at 2:30 PM. Counsel will receive an email prior to the start of the telephonic hearing with instructions to join the call. The call-in number is 888-557-8511 and the access code is 2660444. 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. (yxp, ) (Entered: 12/12/2023)

MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 12/14/2023. The joint motion for agreed order 40 is granted. The agreed order shall issue separately. (yxp, ) (Entered: 12/14/2023)

AGREED PERMANENT INJUNCTION ORDER. Civil case terminated. Signed by the Honorable Iain D. Johnston on 12/14/2023: (yxp, ) (Entered: 12/14/2023)

MOTION by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services for extension of time to file Unopposed Presented before District Judge (Attachments: # 1 Text of Proposed Order)(Breen, Peter) (Entered: 01/05/2024)

1 Text of Proposed Order

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ORDER : It is hereby ORDERED that Plaintiffs' Unopposed Motion to Extend Time to File Motion for Fees and Costs is GRANTED. Plaintiffs shall have an additional 30 days, to and including February 14, 2024, to file their motion seeking the costs of litigation, including reasonable attorneys' fees and expenses under 42 U.S.C. § 1988. Signed by the Honorable Iain D. Johnston on 1/5/2024. Mailed notice (jp, ) (Entered: 01/05/2024)

MOTION by Defendant Kwame Raoul for extension of time Presented before District Judge (Kinkead, Darren) (Entered: 02/09/2024)

MINUTE entry before the Honorable Iain D. Johnston: The joint motion for an extension of time 47 is granted. The plaintiffs' motion for fees and costs is now due 3/15/2024. (yxp, ) (Entered: 02/09/2024)

MOTION by Plaintiffs National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services for extension of time to file and to convene a settlement conference Presented before District Judge (Breen, Peter) (Entered: 03/15/2024)

MINUTE entry before the Honorable Iain D. Johnston: The plaintiffs' motion for an extension of time and a settlement conference 49 is granted. By 3/22/2024 The parties shall jointly contact this Court's operations specialist to schedule a settlement conference with this Court. The deadline for the plaintiffs' motion for fees is extended one final time to 30 days after the conclusion of the settlement conference if necessary. Mailed notice (jp, ) (Entered: 03/18/2024)

MINUTE entry before the Honorable Iain D. Johnston: An in-person settlement conference is set for 4/30/2024 at 10:00 AM. Plaintiffs' initial settlement letter due to Defendants and chambers by 4/10/2024. Defendant's letter in response due to Plaintiff and chambers by 4/24/2024. Confidential letters due to chambers by end of business on 4/26/2024. Confidential letters are not to be filed or shared with the other side. Parties shall refer to Judge Johnston's webpage at www.ilnd.uscourts.gov and comply with the Standing Order on Settlement Conferences. Counsel, parties and persons with full settlement authority must personally appear per the Court's standing order. (yxp, ) (Entered: 03/22/2024)

MINUTE entry before the Honorable Iain D. Johnston: The Court received a communication from Defendant as to who needed to be in attendance at the settlement conference. Based upon the representation in the communication, the Court relieves Defendant of the requirement to bring a representative from the Office of the Attorney General in addition to counsel of record. Counsel of record are sufficient for purposes of this settlement conference. (yxp, ) (Entered: 04/15/2024)

MINUTE entry before the Honorable Iain D. Johnston: The Court received a communication from Plaintiffs as to who needed to be in attendance at the settlement conference. Based upon the representation in the communication, the Court relieves Plaintiffs of the requirement to bring representatives with full settlement authority in addition to counsel of record. Counsel of record are sufficient for purposes of this settlement conference. (yxp, ) (Entered: 04/15/2024)

MINUTE entry before the Honorable Iain D. Johnston: An informal telephone status hearing on settlement is set for 4/29/2024 at 4:00 PM. (yxp, ) (Entered: 04/29/2024)

MINUTE entry before the Honorable Iain D. Johnston: Informal telephone conference held on 4/29/2024. This call was off the record and cannot be transcribed. The settlement conference set for 4/30/2024 is stricken. (yxp, ) (Entered: 04/29/2024)

MINUTE entry before the Honorable Iain D. Johnston: The parties were unable to reach a unanimous agreement on the mediator's proposal. The plaintiff's motion for attorneys' fees and costs shall be filed by 7/2/2024. The response to the motion shall be filed on 8/2/2024 and the reply is due on 8/19/2024. (yxp, ) (Entered: 05/28/2024)

MOTION by Defendant Kwame Raoul for extension of time Presented before District Judge (Kinkead, Darren) (Entered: 06/27/2024)

MINUTE entry before the Honorable Iain D. Johnston: The Court has reviewed the parties' joint motion for extension of time. The Court sincerely appreciates the parties' efforts to resolve the cost and fee dispute. The Court understands the difficult position in which defense counsel found themselves. Assistant Attorneys General Douglas Rees and Darren Kinkead are recognized for their efforts and professionalism in reaching an amicable conclusion to this matter. Well done by all involved. The parties' motion for an extension of time 57 is granted. The plaintiffs' motion for fees and costs is now due 8/2/2024. (yxp, ) (Entered: 06/28/2024)

Notice of Payment by National Institute of Family Life Advocates, Pro-Life Action League, Relevant Pregnancy Options, Rockford Family Initiative, Women's Help Services (Breen, Peter) (Entered: 07/30/2024)