Case: Libertarian Party of Il v. Yarbrough

COMPLAINT filed by Linda Cerva, Jason Ross Decker, Steve Suess, Libertarian Party of Illinois, James Humay, Justin Tucker, Daniel E Van Ginder, Brandon Sizelove, Adam Balling, David Josephs, Steve Dutner; Filing fee $ 402, receipt number 0752-19112884. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Finko, Andrew) (Entered: 02/01/2022)

ATTORNEY Appearance for Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder by Andrew Finko (Finko, Andrew) (Entered: 02/01/2022)

CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (ak, )

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. (ak, )

SUMMONS Issued as to Defendants June A Brown, Chicago Board of Elections, Marisel A. Hernandez, William J. Kresse, Karen A. Yarbrough (ak, )

MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Emergency Motion) (Attachments: # 1 Text of Proposed Order)(Finko, Andrew) (Entered: 02/04/2022)

1 Text of Proposed Order

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MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Corrected Exhibit A) (Attachments: # 1 Text of Proposed Order (Corrected EXH A))(Finko, Andrew) (Entered: 02/04/2022)

1 Text of Proposed Order (Corrected EXH A)

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SUMMONS Returned Executed by Libertarian Party of Illinois as to Karen A. Yarbrough on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) (Entered: 02/04/2022)

SUMMONS Returned Executed by Libertarian Party of Illinois as to Chicago Board of Elections on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) (Entered: 02/04/2022)

SUMMONS Returned Executed by Libertarian Party of Illinois as to Marisel A. Hernandez on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) (Entered: 02/04/2022)

SUMMONS Returned Executed by Libertarian Party of Illinois as to William J. Kresse on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) (Entered: 02/04/2022)

SUMMONS Returned Executed by Libertarian Party of Illinois as to June A Brown on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) (Entered: 02/04/2022)

MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder to withdraw motion for preliminary injunction, 3, motion for preliminary injunction, 4 (Finko, Andrew) (Entered: 02/07/2022)

MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Amended) (Attachments: # 1 Text of Proposed Order)(Finko, Andrew) (Entered: 02/07/2022)

1 Text of Proposed Order

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MEMORANDUM by Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder in support of motion for preliminary injunction, 11 (Amended) (Attachments: # 1 Exhibit Exceprted Elecion Code)(Finko, Andrew) (Entered: 02/07/2022)

1 Exhibit Exceprted Elecion Code

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MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing on Plaintiff's motion to withdraw prior filings Dkt. #3 and #4 10 and Amended emergency motion for preliminary injunction and/or temporary restraining order 11 set for 2/9/2022 at 1:00 p.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 02/07/2022)

ATTORNEY Appearance for Defendant Karen A. Yarbrough by Jessica Megan Scheller Office of the Cook County State's Attorney (Scheller, Jessica) (Entered: 02/09/2022)

STIPULATION of Dismissal Chicago Board of Election Commissioners, and Commissioners Hernandez, Kresse, and Brown (Finko, Andrew) (Entered: 02/09/2022)

ATTORNEY Appearance for Defendant Karen A. Yarbrough by Silvia Mercado Masters (Masters, Silvia) (Entered: 02/09/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 2/9/2022. Motion to withdraw prior filings Dkt. #3 and #4 10 is granted and Emergency Motion For Preliminary Injunction and/or Temporary Restraining Order and Memorandum of Law in Support 3 and Emergency Motion For Preliminary Injunction and/or Temporary Restraining Order and Memorandum of Law in Support 4 are withdrawn. Defendant's response to the Amended Emergency Motion for Preliminary Injunction and/or Temporary Restraining Order 11 due by 2/16/2022; plaintiffs' reply due by 2/18/2022. Telephonic hearing for oral argument on the Emergency Motion 11 set for 2/23/2022 at 11:00 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. On plaintiff's Stipulation 15 and by agreement, Chicago Board of Election Commissioners and Commissioners Marisel Hernandez, William Kresse, and June Brown are dismissed without prejudice. Mailed notice (cn). (Entered: 02/09/2022)

ATTORNEY Appearance for Defendant Karen A. Yarbrough by Leilani Ana-maria Pino (Pino, Leilani) (Entered: 02/15/2022)

MOTION by Defendant Karen A. Yarbrough for leave to file excess pages Unopposed (Masters, Silvia) (Entered: 02/16/2022)

RESPONSE by Karen A. Yarbroughin Opposition to MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Amended) 11 (Attachments: # 1 Exhibit A)(Masters, Silvia) (Entered: 02/16/2022)

1 Exhibit A

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MINUTE entry before the Honorable Robert W. Gettleman: Defendant Cook County Clerk's motion for leave to file brief in excess of 15 pages 19 is granted. Mailed notice (cn). (Entered: 02/17/2022)

REPLY by Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder to MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Amended) 11, memorandum in support of motion, 12 (Finko, Andrew) (Entered: 02/18/2022)

Motion to InterveneScott Summers MOTION by Intervenor Illinois Green Party for leave to appear as Attorney Motion to InterveneScott Summers (Attachments: # 1 Appearence)(Summers, Scott) (Entered: 02/22/2022)

1 Appearence

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MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 2/23/2022. Oral arguments heard on the amended emergency motion for preliminary injunction and/or temporary restraining order 11 . Defendant's supplemental brief addressing the arguments addressed on the record due by 2/25/2022; plaintiff's supplemental brief due by 2/28/2022. Telephonic hearing on the plaintiff's emergency motion for preliminary injunction 11 continued to 3/4/2022 at 11:30 a.m. The emergency motion to intervene 23 does not comply with Federal Rule of Civil Procedure 24 and the movant is directed file a proposed intervening complaint to supplement the motion by 2/25/2022. Responses to the motion to intervene 23 due by 3/9/2022; reply due by 3/14/2022. Telephonic hearing on the motion to intervene set for 3/16/2022 at 9:30 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 02/23/2022)

SUR-REPLY by Defendant Karen A. Yarbrough to motion for preliminary injunction, 11 in Opposition to Motion (Masters, Silvia) (Entered: 02/25/2022)

MOTION by Intervenor Illinois Green Partyproposed intervening complaint Motion to Intervene (Summers, Scott) (Entered: 02/25/2022)

PROPOSED verified intervening complaint for emergency declaratory and injunctive relief (Summers, Scott) Modified on 2/28/2022 (exr, ). (Entered: 02/25/2022)

RESPONSE by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder to motion for preliminary injunction, 11, sur-reply 25, memorandum in support of motion, 12 (Finko, Andrew) (Entered: 02/28/2022)

RESPONSE by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder to motion for preliminary injunction, 11, sur-reply 25, memorandum in support of motion, 12 (Corrected) (Finko, Andrew) (Entered: 02/28/2022)

TRANSCRIPT OF PROCEEDINGS held on February 23, 2022 before the Honorable Robert W. Gettleman. Order Number: 42703. Court Reporter Contact Information: Nancy L. Bistany; nancy_bistany@ilnd.uscourts.gov; bistanyofficialtranscripts@gmail.com. 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 3/22/2022. Redacted Transcript Deadline set for 4/1/2022. Release of Transcript Restriction set for 5/30/2022. (Bistany, Nancy) (Entered: 03/01/2022)

MINUTE entry before the Honorable Robert W. Gettleman: The court sua sponte resets the telephonic hearing on plaintiff's emergency motion for preliminary injunction 11 from 3/4/2022 at 11:30 a.m. to 3/4/2022 at 11:00 a.m. (TIME CHANGE ONLY). The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 03/03/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic motion hearing held on 3/4/2022. For the reasons stated on the record, the amended emergency motion for Preliminary Injunction and/or Temporary Restraining Order 11 is granted. Plaintiff's counsel is directed to submit a draft order consistent with the findings and directions stated by the court. The parties are directed to file a joint status report by 3/16/2022. Telephonic status hearing set for 3/18/2022 at 10:15 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Defendants' responsive pleading to the complaint due on or before 3/8/2022. Mailed notice (cn). (Entered: 03/04/2022)

ORDER signed by the Honorable Robert W. Gettleman on 3/4/2022. Mailed notice (cn). (Entered: 03/04/2022)

ANSWER to Complaint by Karen A. Yarbrough(Masters, Silvia) (Entered: 03/08/2022)

RESPONSE by Karen A. Yarbroughin Opposition to Motion to InterveneScott Summers MOTION by Intervenor Illinois Green Party for leave to appear as Attorney Motion to InterveneScott Summers 23 (Attachments: # 1 Exhibit A)(Masters, Silvia) (Entered: 03/09/2022)

1 Exhibit A

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RESPONSE by Intervenor Illinois Green Party (Summers, Scott) (Entered: 03/14/2022)

ORDER signed by the Honorable Robert W. Gettleman on 3/14/2022: For the reasons set forth in the attached Order, the Illinois Green Party's motion to intervene 23 is denied. The hearing previously set for March 16, 2022, is stricken. Mailed notice (cn). (Entered: 03/14/2022)

STATUS Report (Joint Status Report) by Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder (Finko, Andrew) (Entered: 03/16/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 3/18/2022. Counsel reported to the court that the parties are in settlement negotiations. Telephonic hearing continued to 4/6/2022 at 9:30 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. The parties are directed to file a brief status report on or before 4/1/2022. Mailed notice (cn). (Entered: 03/18/2022)

STATUS Report (Joint) by Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder (Finko, Andrew) (Entered: 04/06/2022)

MINUTE entry before the Honorable Robert W. Gettleman: On review of the parties' Joint Status Report 40, telephonic hearing set for 4/6/2022 is stricken and reset to 4/20/2022 at 10:15 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 04/06/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 4/20/2022. Defendant appeared on the hearing telephonically. Telephonic status hearing set for 5/4/2022 at 9:45 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 04/20/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic status hearing held on 5/4/2022 and continued to 5/18/2022 at 9:30 a.m. The parties advised the court that they are working toward a resolution of the case. Mailed notice (cn). (Entered: 05/04/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 5/18/2022. The parties reported they are at an impasse in their settlement negotiations. The parties agreed to submit their opposing proposed consent orders to the court and abide by the court's determination on what wording is appropriate. Telephonic hearing continued to 6/1/2022 at 9:30 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 05/18/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Pursuant to the matters addressed in the minute order dated May 18, 2022, 44, the court hereby approves defendant's version of the consent judgment. Enter Consent Judgment. Hearing set for 6/1/2022 is stricken. Civil case terminated. Mailed notice (cn). (Entered: 05/19/2022)

CONSENT JUDGMENT ORDER signed by the Honorable Robert W. Gettleman on 5/19/2022. Mailed notice (cn). (Entered: 05/19/2022)

MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder, Intervenor Richard Giovanni for extension of time (Finko, Andrew) (Entered: 06/01/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' motion for extension of time to file Petition for Costs and Fees 47 is granted. Plaintiffs' petition is due by 6/22/2022. Mailed notice (cn). (Entered: 06/03/2022)

MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for extension of time to file Petition for Costs and Fees (Finko, Andrew) (Entered: 06/22/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' Second Motion for Extension of Time to File Petition for Costs and Fees 49 : granted. Plaintiffs' petition is due by 6/29/2022. Mailed notice (cn). (Entered: 06/23/2022)

MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for extension of time to file Petition for Costs + Fees (Finko, Andrew) (Entered: 06/29/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' Third Motion for Extension of Time to File Petition for Costs and Fees 51 is granted. Plaintiffs' petition is due by 7/6/2022. Mailed notice (cn). (Entered: 06/30/2022)

MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for attorney fees (Attachments: # 1 Exhibit A__Declaration-FINKO, # 2 Exhibit B__Declarations-Hall,Brown,Krislov,Cahnman, # 3 Exhibit C__Declaration-Kruger, # 4 Exhibit D__Declaration-Cahnman)(Finko, Andrew) (Entered: 07/06/2022)

1 Exhibit A__Declaration-FINKO

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2 Exhibit B__Declarations-Hall,Brown,Krislov,Cahnman

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3 Exhibit C__Declaration-Kruger

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4 Exhibit D__Declaration-Cahnman

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MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs filed a motion seeking fees and costs 53 on 7/6/2022. The parties are directed to comply with Local Rule 54.3 and to file all required documents by 8/12/2022. Telephonic hearing set for 9/8/2022 at 9:30 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: 07/27/2022)

Joint Statement Pursuant to LR 54.3 (per Order Dkt.#54) by Adam Balling, Linda Cerva, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder (Finko, Andrew) (Entered: 08/12/2022)

ORDER: Plaintiffs are directed to respond on or before September 12, 2022, to defendant's objections to their fee request. In particular, plaintiffs are to provide the "documentation" establishing that the client was "charged a flat fee," as alleged at page 3 of the Joint Statement (Doc. 55 ). Plaintiffs are also directed to respond to defendant's other objections on pages 3 and 4. Defendant may reply on or before September 26, 2022. The court will rule by CMECF unless it determines that a hearing is necessary. The court declines to award an "enhancement" as request by plaintiffs, so the parties need not address that issue further. The hearing previously set for September 8, 2022, is vacated. Signed by the Honorable Robert W. Gettleman on 8/26/2022. Mailed notice (cn). (Entered: 08/26/2022)

RESPONSE BRIEF by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for attorney fees as Ordered by Court (Dkt.#56) (Finko, Andrew) Docket Text Modified by Clerk's Office on 9/14/2022 (ph, ). (Entered: 09/12/2022)

REPLY by Defendant Karen A. Yarbrough to other, 55 in Support of Objection to Attorney's Fees (Attachments: # 1 Exhibit A - C)(Masters, Silvia) (Entered: 09/26/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Having considered the plaintiffs' petition for fees and costs 53, the joint LR 54.3 statement, along with the parties' briefs and exhibits, the court awards plaintiffs the sum of $31,780 in attorneys' fees, along with $869.05 in costs. In reaching this conclusion, the court finds, based on its experience in civil rights and comparable cases, that an hourly rate of $350 is reasonable and frequently awarded in this district to prevailing parties. The court agrees with defendant that the time spent preparing the fee petition is excessive, and reduces those hours by 50% (to 6.4 hours). The court declines to award plaintiffs any fees incurred since July 6, 2022. Consequently, the court finds that plaintiffs are entitled to be compensated for 90.8 hours of their attorney's time (deducting the 3.7 hours plaintiffs have agreed to withdraw) at the rate of $350 per hour, or $31,780. The court finds that the costs requested by plaintiffs to have been properly calculated and to be reasonable Mailed notice (cn). (Entered: 10/05/2022)

MOTION by Defendant Karen A. Yarbrough to clarify Order Awarding Attorney's Fees (Masters, Silvia) (Entered: 10/07/2022)

MINUTE entry before the Honorable Robert W. Gettleman: The court sets the following briefing schedule on defendant's motion to clarify 60 : plaintiff's response due by 10/21/2022; defendant's reply due by 10/28/2022. Mailed notice (cn). (Entered: 10/11/2022)

MOTION by Plaintiff Libertarian Party of Illinois for attorney fees Plaintiffs' Response to Defendant's Motion for Clarification and Plaintiffs' Cross-Motion for Clarification (Attachments: # 1 Exhibit A - Supplemental Declaration Andrew Finko, # 2 Exhibit B - Attorney Fee Settlement Agreement)(Finko, Andrew) (Entered: 10/21/2022)

REPLY by Defendant Karen A. Yarbrough to motion to clarify 60 In Support of Motion (Masters, Silvia) (Entered: 10/28/2022)

MINUTE entry before the Honorable Robert W. Gettleman: Defendant Cook County Clerk's Motion to Clarify Order Awarding Attorneys Fees (Doc. 60 ) is granted. The parties agree that the number of hours incurred by plaintiffs' attorney is 78, rather than the 90.8 hours found by the court in its October 5, 2022, Order (Doc. 59 ). Having again reviewed the submissions by both parties, the court reaffirms the hourly rate of $350 as consistent with similar awards of attorney's fees in civil rights cases in this district, and is approximately a mid-way point between the hourly rate advocated by defendant and the rate sought by plaintiffs. The court declines to award fees for plaintiffs' preparation of its response to defendant's motion (Doc. 62 ) because, as argued by defendant, the response was unnecessary and constitutes a procedurally improper attempt to relitigate issues previously decided by the court. Consequently, the court grants defendant's motion to clarify and amends its October 5, 2022, Order and awards plaintiffs' attorney's fees in the amount of $27,300, along with costs of $869.05. Mailed notice (cn). (Entered: 11/10/2022)