Case: Yarbrough v. City of Peoria

Yarbrough et al v. City of Peoria

COMPLAINT against Rita Ali, Andre W. Allen, City of Peoria, Illinois, a municipal corporation, Denis Cyr, Dr. Bernice Gordon-Young, Charles V. Grayeb, Denise Jackson, John L. Kelly, Zachary M. Oyler, Timothy Riggenbach, Patrick Urich, Dr. Kiran Velpula, Michael P. Vespa ( Filing fee $ 405 receipt number AILCDC-4515267.), filed by Chris Mitchell, Donald Yarbrough, Willie Anderson.(Sender, Jennifer) (Entered: 07/11/2024)

Exhibit CIVIL COVER SHEET by Willie Anderson, Chris Mitchell, Donald Yarbrough. (Sender, Jennifer) (Entered: 07/11/2024)

NOTICE of Appearance of Attorney by Jennifer M. Sender on behalf of All Plaintiffs (Sender, Jennifer) (Entered: 07/11/2024)

NOTICE of Appearance of Attorney by Carl F Reardon on behalf of Willie Anderson, Chris Mitchell, Donald Yarbrough. (JS) (Entered: 07/12/2024)

NOTICE of Appearance of Attorney by Nina Rena Gougis on behalf of All Plaintiffs (Gougis, Nina) (Entered: 07/18/2024)

NOTICE of Appearance of Attorney by James Michael Rochford on behalf of All Plaintiffs (Rochford, James) (Entered: 07/18/2024)

NOTICE of Appearance of Attorney by James Michael Rochford on behalf of All Plaintiffs (Rochford, James) (Entered: 07/18/2024)

CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Willie Anderson, Chris Mitchell, Donald Yarbrough. (Rochford, James) (Entered: 07/18/2024)

NOTICE of Appearance of Attorney by Nina Rena Gougis on behalf of All Plaintiffs (Gougis, Nina) (Entered: 07/18/2024)

CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 Amended by Willie Anderson, Chris Mitchell, Donald Yarbrough. (Gougis, Nina) (Entered: 07/18/2024)

WAIVER OF SERVICE Returned Executed by Chris Mitchell, Donald Yarbrough, Willie Anderson. Michael P. Vespa waiver sent on 7/19/2024, answer due 9/17/2024. (Sender, Jennifer) (Entered: 08/21/2024)

NOTICE of Appearance of Attorney by Chrissie Lynn Kapustka on behalf of All Defendants (Kapustka, Chrissie) (Entered: 09/03/2024)

MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants Rita Ali, Andre W. Allen, City of Peoria, Illinois, a municipal corporation, Denis Cyr, Dr. Bernice Gordon-Young, Charles V. Grayeb, Denise Jackson, John L. Kelly, Zachary M. Oyler, Timothy Riggenbach, Patrick Urich, Dr. Kiran Velpula, Michael P. Vespa. Responses due by 9/24/2024 (Kapustka, Chrissie) (Entered: 09/10/2024)

WAIVER OF SERVICE Returned Executed by Chris Mitchell, Donald Yarbrough, Willie Anderson. All Defendants. (Sender, Jennifer) (Entered: 09/11/2024)

Order on Motion for Extension of Time to Answer

TEXT ORDER granting 13 AGREED Motion for Extension of Time in which to Answer Plaintiff's re 1 Complaint. All Defendants to file their responsive pleading by 12/2/2024. Entered by Magistrate Judge Jonathan E. Hawley on 9/11/24. (WG)

Order Removing JEH as MJ Re DJ Hawley Apt

TEXT ORDER entered by Chief Judge Sara Darrow on 11/17/2024. Due to Judge Jonathan E. Hawley's confirmation as a District Judge, this case is no longer referred to Judge Jonathan E. Hawley. Any previously scheduled hearings are reset before the presiding judge.

MOTION for Extension of Time to File Answer Plaintiffs' Complaint by Defendant City of Peoria, Illinois, a municipal corporation. Responses due by 12/10/2024 (Kapustka, Chrissie) (Entered: 11/26/2024)

Order on Motion for Extension of Time to Answer

TEXT ORDER: Granting 15 Defendants' Second Unopposed Motion for Extension of Time to Answer Plaintiffs' Complaint. Defendants' now have until 03/03/2025 to file their responsive pleading. Entered by Judge Michael M. Mihm on 11/26/2024. (DW)

MOTION for Extension of Time to File Answer Plaintiffs' Complaint by Defendants Rita Ali, Andre W. Allen, City of Peoria, Illinois, a municipal corporation, Denis Cyr, Dr. Bernice Gordon-Young, Charles V. Grayeb, Denise Jackson, John L. Kelly, Zachary M. Oyler, Timothy Riggenbach, Patrick Urich, Dr. Kiran Velpula, Michael P. Vespa. Responses due by 3/17/2025 (Kapustka, Chrissie) (Entered: 03/03/2025)

Order AND Order on Motion for Extension of Time to Answer

TEXT ORDER: Granting 16 Unopposed Motion for Extension of Time to Answer Plaintiff's Complaint. Finding good cause shown, Defendants' now have until 6/2/2025 to file their responsive pleading. Entered by Judge Michael M. Mihm on 3/4/2025. (SB)

NOTICE of Change of Address by Jennifer M. Sender (Sender, Jennifer) (Entered: 03/11/2025)

TEXT ORDER entered by Chief Judge Sara Darrow on 4/25/2025. This case is referred to Magistrate Judge Ronald L. Hanna for further proceedings.

Order Assigning Referral Judge

ANSWER to 1 Complaint, AND AFFIRMATIVE DEFENSES by Rita Ali, Andre W. Allen, City of Peoria, Illinois, a municipal corporation, Denis Cyr, Dr. Bernice Gordon-Young, Charles V. Grayeb, Denise Jackson, John L. Kelly, Zachary M. Oyler, Timothy Riggenbach, Patrick Urich, Dr. Kiran Velpula, Michael P. Vespa.(Kapustka, Chrissie) (Entered: 06/02/2025)

TEXT ORDER: This case is set for a Rule 16 scheduling conference on 7/11/2025 at 10:00 AM via telephone before Magistrate Judge Ronald L. Hanna. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16095893703# when prompted to do so. Please announce your name prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 7/8/2025. All counsel must read and be familiar with Judge Hannas Standing Order, dated 5/1/2025, which can be found on the Central District of Illinois website (www.ilcd.uscourts.gov) under Clerks office/Local rules and Orders/Orders & Rules by Judge prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Ronald L. Hanna on 6/3/2025. (NL)

Order AND ~Util - Set/Reset Deadlines/Hearings

Joint MOTION to Vacate Discovery Deadlines by Defendants Rita Ali, Andre W. Allen, City of Peoria, Illinois, a municipal corporation, Denis Cyr, Dr. Bernice Gordon-Young, Charles V. Grayeb, Denise Jackson, John L. Kelly, Zachary M. Oyler, Timothy Riggenbach, Patrick Urich, Dr. Kiran Velpula, Michael P. Vespa. Responses due by 7/16/2025 (Kapustka, Chrissie) (Entered: 07/02/2025)

TEXT ORDER granting 19 Agreed Motion to Vacate Discovery Deadlines. The Rule 16 Scheduling Conference set for 7/11/2025 and the Discovery Plan deadline set for 7/8/2025 are VACATED. Plaintiff is directed to file a Motion to Amend Complaint no later than 7/14/2025. Entered by Magistrate Judge Ronald L. Hanna on 7/8/2025. (NL)

1 - Terminate Deadlines and Hearings AND Order AND Order on Motion to Vacate AND ~Util - Set/Reset Deadlines

STRICKEN per 7/15/2025 Text Order AMENDED COMPLAINT against All Defendants, filed by Willie Anderson.(Sender, Jennifer) Modified on 7/17/2025 (SB). (Entered: 07/10/2025)

First MOTION for Leave to File First Amended Complaint by Plaintiff Donald Yarbrough. Responses due by 7/24/2025 (Attachments: # 1 Exhibit Proposed First Amended Complaint)(Sender, Jennifer) (Entered: 07/10/2025)

MOTION to Strike 20 Amended Complaint by Plaintiff Willie Anderson. Responses due by 7/25/2025 (Sender, Jennifer) (Entered: 07/11/2025)

FIRST AMENDED COMPLAINT against All Defendants, filed by Chris Mitchell, Donald Yarbrough, Willie Anderson.(SB) (Entered: 07/17/2025)

TEXT ORDER GRANTING 22 Motion to Strike as Plaintiff's counsel filed the Amended Complaint in error. The Clerk is Directed to STRIKE 20 Amended Complaint. Additionally, Plaintiff's 21 Motion for Leave to File First Amended Complaint is GRANTED. The Clerk is directed to file Plaintiff's Amended Complaint [21-1]. Entered by Magistrate Judge Ronald L. Hanna on 7/15/2025. (NL)

Order AND Order on Motion for Leave to File AND Order on Motion to Strike

ANSWER to 23 Amended Complaint by Rita Ali, Andre W. Allen, City of Peoria, Illinois, a municipal corporation, Denis Cyr, Dr. Bernice Gordon-Young, Charles V. Grayeb, Denise Jackson, John L. Kelly, Zachary M. Oyler, Timothy Riggenbach, Patrick Urich, Dr. Kiran Velpula, Michael P. Vespa.(Kapustka, Chrissie) (Entered: 08/07/2025)

Order AND ~Util - Set/Reset Deadlines/Hearings

TEXT ORDER: This case is set for a Rule 16 scheduling conference on 9/5/2025 at 10:15 AM via telephone before Magistrate Judge Ronald L. Hanna. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16095893703# when prompted to do so. Please announce your name prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 9/2/2025. All counsel must read and be familiar with Judge Hanna's Standing Order, dated 6/3/2025, which can be found on the Central District of Illinois website (www.ilcd.uscourts.gov) under Clerks office/Local rules and Orders/Orders & Rules by Judge prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Ronald L. Hanna on 8/7/2025.(NL)

DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Rita Ali, Andre W. Allen, City of Peoria, Illinois, a municipal corporation, Denis Cyr, Dr. Bernice Gordon-Young, Charles V. Grayeb, Denise Jackson, John L. Kelly, Zachary M. Oyler, Timothy Riggenbach, Patrick Urich, Dr. Kiran Velpula, Michael P. Vespa. (Kapustka, Chrissie) (Entered: 08/28/2025)

TEXT ORDER by Magistrate Judge Ronald L. Hanna: The Court adopts the Discovery Plan 25 . The Court adopts all deadlines as proposed including the following: Discovery due by 8/3/2026. Dispositive Motions due by 9/5/2026. Final Pretrial Conference set for 10/14/2026 at 10:00 AM and Jury Trial set for 11/16/2026 at 8:45 AM, BOTH in Courtroom B in Peoria before Judge Michael M. Mihm. Rule 16 Conference set for 9/5/2025 is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hanna's Standing Order dated 6/3/2025 and found on the court's website (www.ilcd.uscourts.gov). Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered 8/28/2025. (NL) (Entered: 08/28/2025)

CERTIFICATE of Service. (Kapustka, Chrissie) (Entered: 09/26/2025)

Joint MOTION to Stay Proceedings by Plaintiff Donald Yarbrough. Responses due by 12/24/2025 (Sender, Jennifer) (Entered: 12/10/2025)

TEXT ORDER: The parties have filed a 28 joint motion to stay the case. In it, they explain that they have been working together since the onset of this litigation to resolve their dispute. Although a scheduling order was entered at the end of August, (Text Order dated Aug. 28, 2025), the parties ask to stay the case deadlines. The parties explain that a stay will help facilitate the case's resolution and potentially avoid costly litigation. The Court finds this approach sensible. See Landis v. North American Co., 299 U.S. 248, 254 (1936) (explaining that district court has inherent power to stay proceedings). Accordingly, the parties' 28 motion is GRANTED and this case is STAYED. The parties are further ORDERED to file a status report on or by February 15, 2026. Entered by Magistrate Judge Ronald L. Hanna on 12/11/2025. (MJS)

Order on Motion to Stay

Set/Reset Deadlines/Hearings: Status Report due by 2/15/2026. (SB)

Set/Reset Deadlines/Hearings

Stay

Order AND Order on Motion to Stay AND ~Util - Set/Reset Deadlines