Case: Flinn v. City of Evanston

Flinn et al. v. City of Evanston

COMPLAINT filed by Stephen Weiland, Barbara Regard, Margot Flinn, Stasys Neimanas, Carol Johnson, Henry Regard; Jury Demand. Filing fee $ 405, receipt number AILNDC-22006789. (Attachments: # 1 Civil Cover Sheet)(Svenson, Alice) (Entered: 05/23/2024)

1 Civil Cover Sheet

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ATTORNEY Appearance for Plaintiffs Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland by Alice Christine Svenson (Svenson, Alice) (Entered: 05/23/2024)

ATTORNEY Appearance for Plaintiffs Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland by Michael Bekesha (Bekesha, Michael) (Entered: 05/23/2024)

case assigned

clerk's notice

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category Two). (lw, )

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. (lw, )

summons issued

SUMMONS Issued as to Defendant City of Evanston (lm, )

SUMMONS Returned Executed by Stephen Weiland, Barbara Regard, Margot Flinn, Stasys Neimanas, Carol Johnson, Henry Regard as to City of Evanston on 5/31/2024, answer due 6/21/2024. (Svenson, Alice) (Entered: 06/05/2024)

ATTORNEY Appearance for Defendant City of Evanston by Michael Timothy Brody (Brody, Michael) (Entered: 06/12/2024)

ATTORNEY Appearance for Defendant City of Evanston by Precious S. Jacobs-Perry (Jacobs-Perry, Precious) (Entered: 06/12/2024)

ATTORNEY Appearance for Defendant City of Evanston by Jeffrey P. Salvadore (Salvadore, Jeffrey) (Entered: 06/12/2024)

MOTION by Defendant City of Evanston for extension of time to file answer to Complaint (Unopposed) (Jacobs-Perry, Precious) (Entered: 06/12/2024)

MINUTE entry before the Honorable John F. Kness: Defendant's Unopposed Motion for an Extension of Time to Respond to Complaint 8 is granted. Defendant must answer or otherwise plead to Plaintiff's complaint on or before 7/22/2024. Mailed notice. (exr, ) (Entered: 06/14/2024)

ATTORNEY Appearance for Defendant City of Evanston by Alexandra Brien MacKey Ruggie (Ruggie, Alexandra) (Entered: 06/20/2024)

ATTORNEY Appearance for Defendant City of Evanston by Matthew Slodowy (Slodowy, Matthew) (Entered: 06/28/2024)

ATTORNEY Appearance for Plaintiffs Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland by Paul J Orfanedes (Orfanedes, Paul) (Entered: 07/22/2024)

MOTION by Defendant City of Evanston to dismiss / Defendant City of Evanston's Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6) and For Leave to Take Jurisdictional Discovery (Attachments: # 1 Exhibit 1 - Affidavit of Audrey Thompson, # 2 Exhibit 2 - Proposed Jurisdictional Interrogatories)(Brody, Michael) (Entered: 07/22/2024)

1 Exhibit 1 - Affidavit of Audrey Thompson

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2 Exhibit 2 - Proposed Jurisdictional Interrogatories

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MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendant's Motion to Dismiss and for Leave to Take Jurisdictional Discovery 13 : Plaintiff's response is due on or before 8/19/2024 and Defendant's reply, if any, is due on or before 9/3/2024. Mailed notice. (exr, ) (Entered: 07/29/2024)

MOTION by Plaintiffs Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland for extension of time to file response/reply as to motion to dismiss, 13 (unopposed) (Bekesha, Michael) (Entered: 08/05/2024)

MINUTE entry before the Honorable John F. Kness: Plaintiffs' motion 15 for an extension of time to respond to Defendant City of Evanston's motion to dismiss 13 is granted. Plaintiffs' response must be filed on or before 9/18/2024. Any reply by Defendant City of Evanston must be filed on or before 10/2/2024. Mailed notice (jfk) (Entered: 08/19/2024)

REQUEST for Clerk of Court to refund filing fee in the amount of 405.00, receipt no. AILNDC-22006728, regarding complaint 1 (Svenson, Alice) (Entered: 08/20/2024)

REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of $405.00, receipt no. AILNDC-22006728. (lw, ) (Entered: 09/09/2024)

ATTORNEY Appearance for Defendant City of Evanston by Cynthia Sara Grandfield (Grandfield, Cynthia) (Entered: 09/17/2024)

MEMORANDUM by Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland in Opposition to motion to dismiss, 13 (Attachments: # 1 Affidavit of Michael Bekesha with Exhibits)(Bekesha, Michael) (Entered: 09/18/2024)

1 Affidavit of Michael Bekesha with Exhibits

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AFFIDAVIT of Michael Bekesha regarding memorandum in opposition to motion 20 (with Exhibits) (Bekesha, Michael) (Entered: 09/18/2024)

REPLY by Defendant City of Evanston in Support of Motion to Dismiss (Brody, Michael) (Entered: 10/02/2024)

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/31/2024)

MOTION by Defendant City of Evanston for leave to file Notice of Supplemental Authority in Support of its Motion to Dismiss and for Leave to Take Jurisdictional Discovery (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Brody, Michael) (Entered: 01/24/2025)

RESPONSE by Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weilandin Opposition to MOTION by Defendant City of Evanston for leave to file Notice of Supplemental Authority in Support of its Motion to Dismiss and for Leave to Take Jurisdictional Discovery 24 (Bekesha, Michael) (Entered: 01/27/2025)

MINUTE entry before the Honorable John F. Kness: Defendant's motion 24 for leave to file a notice of supplemental authority is granted. The Court has read Plaintiffs' response in opposition and notes the challenges detailed by Plaintiffs' counsel in conferring with Defendant's counsel on whether the motion for leave would be opposed. Partly in view of that narrative, Plaintiffs are given leave to file a response to the notice of supplemental authority, not to exceed five pages, on or before 2/24/2025. No further briefing on the supplemental authority will be permitted. By separate order, the Court will set a date for in-person oral argument on the pending motion 13 to dismiss. Mailed notice (jfk) (Entered: 02/08/2025)

SUPPLEMENT to /Defendant City of Evanston's Notice of Supplemental Authority in Support of its Motion to Dismiss and for Leave to Take Jurisdictional Discovery (Brody, Michael) (Entered: 02/11/2025)

RESPONSE by Plaintiffs Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland to supplement 27 (Attachments: # 1 Exhibit A)(Bekesha, Michael) (Entered: 02/24/2025)

1 Exhibit A

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MINUTE entry before the Honorable John F. Kness: The Courts sets an in-person hearing for oral argument on the pending motion to dismiss for 5/7/2025 at 11:30 A.M. in Courtroom 2125. Mailed notice. (exr, ) (Entered: 04/11/2025)

MINUTE entry before the Honorable John F. Kness: In-person motion hearing held on Defendant's motion to dismiss 13 . Oral argument heard. The motion is taken under advisement. Mailed notice. (exr, ) (Entered: 05/08/2025)

MOTION by Attorney Matthew Slodowy to withdraw as attorney for City of Evanston. No party information provided (Slodowy, Matthew) (Entered: 08/22/2025)

MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney 31 is granted. Attorney Matthew Slodowy is withdrawn as counsel of record. Mailed notice. (exr, ) (Entered: 08/27/2025)

MINUTE entry before the Honorable John F. Kness: The Court sets an in-person hearing on Defendant's motion to dismiss 13 for 9/29/2025 at 10:30 A.M. Mailed notice. (exr, ) (Entered: 09/22/2025)

MINUTE entry before the Honorable John F. Kness: By request and agreement of the parties, the in-person status hearing set for 9/29/2025 is stricken and reset for 9/26/2025 at 11:00 A.M. Mailed notice. (exr, ) (Entered: 09/22/2025)

MINUTE entry before the Honorable John F. Kness: With regret for the late notice, the hearing set for tomorrow (9/26/2025) is stricken. Further guidance will be provided by separate order. Mailed notice (jfk) (Entered: 09/25/2025)

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 Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) (Entered: 01/05/2026)

ORDER: Before the Court is Defendant's motion to dismiss under Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure as well as Defendant's request for jurisdictional discovery. (Dkt. 13 13.) For the reasons provided in the accompanying Statement, both requests are denied. A status hearing will be set by separate order. Signed by the Honorable John F. Kness on 3/27/2026. Mailed notice. (evw, ) (Entered: 03/27/2026)

MOTION by Defendant City of Evanston for extension of time to file answer regarding complaint 1 (Unopposed) (Jacobs-Perry, Precious) (Entered: 04/20/2026)

MINUTE entry before the Honorable John F. Kness: Defendant's unopposed motion for extension of time to answer 38 is granted. Defendant's answer to Plaintiff's complaint must be filed on or before 5/8/2026. Mailed notice. (exr, ) (Entered: 04/21/2026)

ATTORNEY Appearance for Defendant City of Evanston by Wade A Thomson (Thomson, Wade) (Entered: 05/08/2026)

WITHDRAWING Michael T. Brody as counsel for Defendant City of Evanston and substituting Wade A Thomson as counsel of record (Thomson, Wade) (Entered: 05/08/2026)

ANSWER to Complaint / Defendant City of Evanston's Answer and Defenses to the Complaint by City of Evanston(Jacobs-Perry, Precious) (Entered: 05/08/2026)

NOTICE by Alice Christine Svenson of Change of Address and Firm Name (Svenson, Alice) (Entered: 06/05/2026)

REPORT of Rule 26(f) Planning Meeting by Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland (Bekesha, Michael) (Entered: 06/05/2026)

MOTION by Defendant City of Evanston to bifurcate Discovery (Thomson, Wade) (Entered: 06/05/2026)

STATEMENT by City of Evanston Regarding its Motion to Bifurcate Discovery, re: ECF 45 (Thomson, Wade) (Entered: 06/05/2026)

MINUTE entry before the Honorable John F. Kness: The Court adopts the parties' proposed briefing schedule on Defendant's motion to bifurcate discovery 45 : Plaintiffs' response shall be filed on or before 7/10/2026. Defendant's reply, if any, shall be filed on or before 7/24/2026. An in-person motion hearing is set for 8/6/2026 at 10:00 A.M. Mailed notice. (exr, ) (Entered: 06/10/2026)

MOTION by Intervenor Plaintiff UNITED STATES OF AMERICA to intervene (Attachments: # 1 Exhibit 1-Acting AG Certificate, # 2 Exhibit 2-Complaint in Intervention)(Moran, Timothy) (Entered: 06/16/2026)

1 Exhibit 1-Acting AG Certificate

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2 Exhibit 2-Complaint in Intervention

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MEMORANDUM by UNITED STATES OF AMERICA in support of motion to intervene 48 (Moran, Timothy) (Entered: 06/16/2026)

ATTORNEY Appearance for Intervenor Plaintiff UNITED STATES OF AMERICA by Timothy Moran (Moran, Timothy) (Entered: 06/16/2026)

Statement Regarding Proposed Briefing Schedule for US Motion to Intervene STATEMENT by UNITED STATES OF AMERICA (Moran, Timothy) (Entered: 06/16/2026)

ATTORNEY Appearance for Intervenor Plaintiff UNITED STATES OF AMERICA by Gregory Dolin (Dolin, Gregory) (Entered: 06/16/2026)

MOTION by Plaintiffs Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland to stay regarding set motion and R&R deadlines/hearings,, set/reset hearings, 47 (Bekesha, Michael) (Entered: 06/17/2026)

STATEMENT by Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland Regarding Proposed Briefing Schedule for Plaintiffs' Motion to Stay (Bekesha, Michael) (Entered: 06/17/2026)

MINUTE entry before the Honorable John F. Kness: The Court adopts the parties' proposed briefing schedule on the United States of America's motion to intervene 48 : Defendant's response shall be filed on or before 7/20/2026. Intervenor's reply, if any, shall be filed on or before 8/3/2026. The Court adopts the parties' proposed briefing schedule on Plaintiffs' motion to stay briefing on Defendant's motion to bifurcate discovery 53 : Defendant's response shall be filed on or before 6/24/2026. Plaintiffs' reply, if any, shall be filed on or before 7/1/2026. Mailed notice. (lxk, ) (Entered: 06/23/2026)

RESPONSE by City of Evanstonin Opposition to MOTION by Plaintiffs Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland to stay regarding set motion and R&R deadlines/hearings,, set/reset hearings, 47 53 (Thomson, Wade) (Entered: 06/24/2026)

REPLY by Plaintiffs Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland in support of Plaintiffs' Motion to Stay Briefing (Bekesha, Michael) (Entered: 06/29/2026)

MINUTE entry before the Honorable John F. Kness: Plaintiffs' motion 53 to stay briefing on Defendant's motion to bifurcate discovery until the intervention issue is resolved is denied. To be sure, intervention by the United States might have some effect on the discovery schedule in this case, but that possibility does not warrant staying briefing on Defendant's motion to bifurcate. Any effect of a favorable intervention ruling, including whether supplemental briefing or modification of any discovery schedule is appropriate, can be addressed if and when the United States becomes a party to the case. On the Court's initiative, the due date for Plaintiffs' response to Defendant's motion is extended to July 17, 2026. Defendant's reply, if any, must be filed on or before July 31, 2026. The August 6, 2026 hearing is reset to 8/25/2026 at 10:00 A.M. Mailed notice. (exr, ) (Entered: 07/07/2026)

MEMORANDUM by Margot Flinn, Carol Johnson, Stasys Neimanas, Barbara Regard, Henry Regard, Stephen Weiland in Opposition to motion to bifurcate 45 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Bekesha, Michael) (Entered: 07/17/2026)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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RESPONSE by City of Evanstonin Opposition to MOTION by Intervenor Plaintiff UNITED STATES OF AMERICA to intervene 48 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Thomson, Wade) (Entered: 07/20/2026)

1 Exhibit 1

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2 Exhibit 2

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reply

reply to response to motion