Case: Rose v. The Board of Election Commissioners for the City of Chicago

1:15-cv-00382 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 25, 2015

Closed Date: April 1, 2016

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Case Summary

This is a case alleging that a candidate should be placed on the ballot for a local election in Chicago. On January 15, 2015, an individual resident of Chicago sued the State of Illinois and the Chicago Board of Election Commissioners after they refused to place his name on the ballot for a local election in 2015. Plaintiff brought suit in the Northern District of Illinois. Plaintiff alleged that he met the required number of signatures but was not placed on the ballot, which plaintiff alleged …

This is a case alleging that a candidate should be placed on the ballot for a local election in Chicago.

On January 15, 2015, an individual resident of Chicago sued the State of Illinois and the Chicago Board of Election Commissioners after they refused to place his name on the ballot for a local election in 2015. Plaintiff brought suit in the Northern District of Illinois. Plaintiff alleged that he met the required number of signatures but was not placed on the ballot, which plaintiff alleged violated the First Amendment right to free speech. Plaintiff sought injunctive relief granting plaintiff access to the Ballot by placing his name on the ballot and reasonable fees, among other relief. The case was assigned to Honorable Amy J. St. Eve. Designated as Magistrate Judge the Honorable Michael T. Mason.

On March 8, plaintiff filed a motion for preliminary injunction.

On March 17, 2015, defendants filed a motion to dismiss for failure to state a claim and lack of jurisdiction. 

On March 30, 2015, the district court dismissed plaintiff’s federal claim on the grounds of claim preclusion, as an Illinois state court had already adjudicated the same issue against the same defendants. 

Plaintiff appealed judgment on April 29, arguing that fairness, rather than procedural technicalities, should prevail (docket no. 15-1931). However, the appellate court affirmed the district court’s decision, upholding that consistent application of claim preclusion principles under law was both fair and appropriate, on April 1, 2016. 

The case is now closed. 

Summary Authors

Benjamin Witte (10/25/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5623286/parties/rose-v-the-board-of-election-commissioners-for-the-city-of-chicago/


Judge(s)

St. Eve, Amy J. (Illinois)

Attorney for Plaintiff

1st, Ilia Usharovich (Illinois)

Attorney for Defendant

Ioppolo, Thomas A. (Illinois)

Scanlon, James Michael (Illinois)

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Documents in the Clearinghouse

Document
1

1:15-cv-00382

Complaint for Relief

Rose v. The Board of Election C

Jan. 15, 2015

Jan. 15, 2015

Complaint
5

1:15-cv-00382

Complaint of Plaintiff Vincent Rose

Rose v. The Board of Election C

Feb. 25, 2015

Feb. 25, 2015

Complaint
7

1:15-cv-00382

Plaintiff's Motion for Preliminary Injunction

Rose v. The Board of Election C

March 8, 2015

March 8, 2015

Pleading / Motion / Brief
16

1:15-cv-00382

Board of Election Commissioners for the City of Chicago's Memorandum of Law in Opposition to Motion for Preliminary Injunction Background

Rose v. The Board of Election C

March 17, 2015

March 17, 2015

Pleading / Motion / Brief
14

1:15-cv-00382

Defendants' Memorandum of Law in Support of Motion to Dismiss and in Opposition to Plaintiff's Motion for Preliminary Injunction

Rose v. The Board of Election C

March 17, 2015

March 17, 2015

Pleading / Motion / Brief
17

1:15-cv-00382

Board of Election Commissioners for the City of Chicago's Rule 12(b)(6) Motion to Dismiss

Rose v. The Board of Election C

March 17, 2015

March 17, 2015

Pleading / Motion / Brief
13

1:15-cv-00382

Motion to Dismiss

Rose v. The Board of Election C

March 17, 2015

March 17, 2015

Pleading / Motion / Brief
19

1:15-cv-00382

Plaintiff's Reply to all Defendant's Motion to Dismiss in Opposition to Plaintiff's Injunction and Memorandums

Rose v. The Board of Election C

March 20, 2015

March 20, 2015

Pleading / Motion / Brief
26

1:15-cv-00382

Memorandum Opinion and Order

March 30, 2015

March 30, 2015

Order/Opinion

2015 WL 1509812

27

1:15-cv-00382

Judgment in a Civil Case

Rose v. The Board of Election C

March 30, 2015

March 30, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5623286/rose-v-the-board-of-election-commissioners-for-the-city-of-chicago/

Last updated Aug. 8, 2025, 7:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Vincent Rose; Filing fee $ 400, receipt number 0752-10238813.(Usharovich, Ilia) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

Clearinghouse
2

CIVIL Cover Sheet (Usharovich, Ilia) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
3

ATTORNEY Appearance for Plaintiff Vincent Rose by Ilia Usharovich, 1st (Usharovich, Ilia) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER

CASE ASSIGNED to the Honorable Amy J. St. Eve. Designated as Magistrate Judge the Honorable Michael T. Mason. (sg, )

Jan. 15, 2015

Jan. 15, 2015

PACER
4

MINUTE entry before the Honorable Amy J. St. Eve: Initial status hearing set for 2/25/15 at 8:30 a.m. in courtroom 1241. Parties shall refer to Judge St. Eve's web page at www.ilnd.uscourts.gov and file a joint status report by 2/20/15 as set forth in the Initial Status Conferences procedure. If the defendant has not been served as of 2/20/15, the Court will continue the filing date for the joint status report until the defendant is served. If the defendant files a motion to dismiss prior to the filing of the joint status report, the Court will continue the filing date for the joint status report until after the Court rules on the pending motion. Status Report due by 2/20/2015. Status hearing set for 2/25/2015 at 08:30 AM.Mailed notice (kef, ) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
5

FIRST AMENDED complaint by Vincent Rose against All Defendants (Usharovich, Ilia) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

Clearinghouse

SUMMONS Issued as to Defendants Richard A. Cowen, Marisel A. Hernandez, Langdon D. Neal, The Board of Election Commissioners For The City of Chicago, The State of Illinois through Lisa Madigan Illinois Attorney General (pg, )

Feb. 25, 2015

Feb. 25, 2015

PACER
6

MINUTE entry before the Honorable Amy J. St. Eve: At plaintiff's request, Status hearing set for 2/25/15 is stricken and reset to 3/26/2015 at 08:30 AM. Joint status report shall be filed by 3/23/15. Mailed notice (kef, ) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

PACER
7

MOTION by Plaintiff Vincent Rose for preliminary injunction (Usharovich, Ilia) (Entered: 03/08/2015)

March 8, 2015

March 8, 2015

Clearinghouse
8

NOTICE of Motion by Ilia Usharovich, 1st for presentment of motion for preliminary injunction 7 before Honorable Amy J. St. Eve on 3/12/2015 at 08:30 AM. (Usharovich, Ilia) (Entered: 03/08/2015)

March 8, 2015

March 8, 2015

PACER
9

ATTORNEY Appearance for Defendants Richard A. Cowen, Marisel A. Hernandez, Langdon D. Neal, The Board of Election Commissioners For The City of Chicago by James Michael Scanlon (Scanlon, James) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

PACER
10

SUMMONS Returned Executed by Vincent Rose as to All Defendants. (Usharovich, Ilia) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
11

MINUTE entry before the Honorable Amy J. St. Eve:Motion hearing held on 3/12/2015. Plaintiff's motion for preliminary injunction 7 is entered. Response by 3/17/15. Reply by 3/20/15. Status hearing set for 3/26/15 is stricken and reset to 3/30/15 at 8:30 a.m. Joint status report deadline is stricken. Mailed notice (kef, ) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
12

ATTORNEY Appearance for Defendant The State of Illinois through Lisa Madigan Illinois Attorney General by Thomas A. Ioppolo (Ioppolo, Thomas) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
13

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION by Defendant The State of Illinois through Lisa Madigan Illinois Attorney General to dismiss for lack of jurisdiction (Ioppolo, Thomas) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

Clearinghouse
14

MEMORANDUM by The State of Illinois through Lisa Madigan Illinois Attorney General in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction 13, motion for preliminary injunction 7 Opposition to Preliminary Injunction (Attachments: # 1 Exhibit List, # 2 Exhibit A-D)(Ioppolo, Thomas) (Entered: 03/17/2015)

1 Exhibit List

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2 Exhibit A-D

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March 17, 2015

March 17, 2015

Clearinghouse
15

SUPPLEMENT to Motion to Dismiss. (Ioppolo, Thomas) Docket Text Modified by Clerk's Office on 3/19/2015 (jh, ). (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
16

MEMORANDUM by Richard A. Cowen, Marisel A. Hernandez, Langdon D. Neal, The Board of Election Commissioners For The City of Chicago in Opposition to motion for preliminary injunction 7 (Attachments: # 1 Exhibit List of Exhibits, # 2 Exhibit Exhibit 1 Part A, # 3 Exhibit Exhibit 1 Part B, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5)(Scanlon, James) (Entered: 03/17/2015)

1 Exhibit List of Exhibits

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2 Exhibit Exhibit 1 Part A

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3 Exhibit Exhibit 1 Part B

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4 Exhibit Exhibit 2

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5 Exhibit Exhibit 3

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6 Exhibit Exhibit 4

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7 Exhibit Exhibit 5

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March 17, 2015

March 17, 2015

Clearinghouse
17

MOTION to Dismiss. (Attachments: # 1 Supplement Memorandum of Law in Support of Motion to Dismiss, # 2 Exhibit List of Exhibits, # 3 Exhibit Exhibit 1 Part A, # 4 Exhibit Exhibit 1 Part B, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3, # 7 Exhibit Exhibit 4)(Scanlon, James) Docket Text Modified by Clerk's Office on 3/19/2015 (jh, ). (Entered: 03/17/2015)

1 Supplement Memorandum of Law in Support of Motion to Dismiss

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2 Exhibit List of Exhibits

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3 Exhibit Exhibit 1 Part A

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4 Exhibit Exhibit 1 Part B

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5 Exhibit Exhibit 2

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6 Exhibit Exhibit 3

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7 Exhibit Exhibit 4

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March 17, 2015

March 17, 2015

Clearinghouse
18

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' motions to dismiss 13 17 are entered. Responses by 3/26/15. Replies by 4/2/15. Mailed notice (kef, ) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
19

REPLY by Vincent Rose to all Defendant's Motion to Dismiss in Opposition to Plaintiff's Injunction and Memorandums. (Usharovich, Ilia) Docket Text Modified by Clerk's Office on 3/23/2015 (jh, ). (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

Clearinghouse
20

MOTION by Plaintiff Vincent Rose to amend/correct reply to response to motion 19 (Attachments: # 1 Exhibit AMENDED REPLY TO MOTIONS)(Usharovich, Ilia) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
21

NOTICE of Motion by Ilia Usharovich, 1st for presentment of motion to amend/correct, motion for relief 20 before Honorable Amy J. St. Eve on 3/26/2015 at 08:30 AM. (Usharovich, Ilia) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
22

MINUTE entry before the Honorable Amy J. St. Eve: Plaintiff's motion to file amended reply instanter 20 is granted. Counsel shall separately file the reply brief upon receipt of this order. No appearance is required on the 3/26/15 notice date. Mailed notice (kef, ) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
23

REPLY by Plaintiff Vincent Rose to Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction 13, memorandum in opposition to motion, 16, supplement 15, memorandum in support of motion, 14, set motion and R&R deadlines/hearings 18, order on motion to amend/correct,, terminate deadlines and hearings, 22, reply to response to motion 19, Motion to Dismiss for Failure to State a Claim, 17 Amended Reply (Usharovich, Ilia) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
24

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 3/30/15 is stricken. Ruling to issue shortly. Mailed notice (kef, ) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
25

MINUTE entry before the Honorable Amy J. St. Eve: The Court grants Defendants' motions to dismiss with prejudice 13 17 and denies Plaintiff's motion for a preliminary injunction 7 . This case is hereby dismissed with prejudice. All pending dates and deadlines are stricken. Civil case terminated. [For further details, see separate Memorandum Opinion and Order.] Mailed notice (kef, ) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
26

MEMORANDUM Opinion and Order Signed by the Honorable Amy J. St. Eve on 3/30/2015:Mailed notice(kef, ) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

Clearinghouse
27

ENTERED JUDGMENT on 3/30/2015:Mailed notice(kef, ) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

Clearinghouse
28

NOTICE of appeal by Vincent Rose regarding orders 25, 27, 26 Filing fee $ 505, receipt number 0752-10593422. (Usharovich, Ilia) (Entered: 04/29/2015)

April 29, 2015

April 29, 2015

PACER
29

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 28 . (smm) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
30

TRANSMITTED to the 7th Circuit the short record on notice of appeal 28 . Notified counsel (smm) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
31

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 28 ; USCA Case No. 15-1931. (jh, ) (Entered: 05/01/2015)

April 30, 2015

April 30, 2015

PACER
32

USCA order dated 10/6/2015 from the 7th Circuit regarding notice of appeal 28 ; Appellate case no. : 15-1931; Upon consideration of the MOTION TO ORDER TRANSMISSION OF RECORD ON APPEAL, filed on October 2, 2015, by counsel for the appellee State of Illinois, IT IS ORDERED that the motion is GRANTED. The clerk of the district court shall transmit the record to this court as soon as possible. See Cir. R. 11(a). (ph, ) (Entered: 10/07/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
33

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 28 (USCA no. 15-1931). (smm) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
34

USCA RECEIVED on 10/8/15 the long record regarding notice of appeal 28 . (smm) (Entered: 10/09/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
35

LETTER from the USCA regarding the record on appeal in USCA no. 15-1931; no record to be returned. (sj, ) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
36

MANDATE of USCA dated 03/10/2016 regarding notice of appeal 28 ; USCA No. 15-1931; The judgment of the District Court is AFFIRMED, with costs, in accordance with thedecision of this court entered on this date. (sj, ) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

RECAP
37

OPINION from the USCA for the 7th Circuit; Argued 1/20/16; Decided 3/10/16 in USCA case no. 15-1931 (sj, ) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

RECAP

Case Details