Case: Scholl v. Illinois State Police

COMPLAINT filed by Stephanie Scholl, Frank Bednarz; Filing fee $ 405, receipt number AILNDC-22061154.(Schwab, Jeffrey) (Entered: 05/30/2024)

case assigned

CIVIL Cover Sheet (Schwab, Jeffrey) (Entered: 05/30/2024)

clerk's notice

ATTORNEY Appearance for Plaintiffs Frank Bednarz, Stephanie Scholl by Jeffrey M. Schwab (Schwab, Jeffrey) (Entered: 05/30/2024)

summons issued

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (emc, )

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. (emc, )

SUMMONS Issued as to Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois (mcp, )

ATTORNEY Appearance for Defendant Kwame Raoul, in his official capacity as Attorney General for the State of Illinois by Elizabeth Jordane Andonova Mallory (Andonova Mallory, Elizabeth) (Entered: 06/12/2024)

ATTORNEY Appearance for Plaintiffs Frank Bednarz, Stephanie Scholl by Reilly Walsh Stephens (Stephens, Reilly) (Entered: 06/12/2024)

ATTORNEY Appearance for Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois by Mary Alice Johnston (Johnston, Mary) (Entered: 06/20/2024)

MOTION by Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois for extension of time to respond to Plaintiffs' complaint (Unopposed) (Johnston, Mary) (Entered: 06/25/2024)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for an extension of time to respond to plaintiffs' complaint 7 is granted. Defendants to answer or otherwise plead to plaintiffs' complaint by 8/6/2024. The parties are directed to file an initial joint status report by 8/8/2024. (Attachments: # 1 Outline for the Initial Joint Status Report) (rao, ) (Entered: 06/25/2024)

ATTORNEY Appearance for Defendant Governor Jay Robert Pritzker by Elizabeth Jordane Andonova Mallory (Andonova Mallory, Elizabeth) (Entered: 06/26/2024)

NOTICE by Jeffrey M. Schwab of Change of Address (Schwab, Jeffrey) (Entered: 07/18/2024)

MOTION by Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois for extension of time to respond to Plaintiffs' complaint (Unopposed) (Johnston, Mary) (Entered: 08/02/2024)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for an extension of time to respond to plaintiff's complaint, 11 is granted. Defendants should file an answer or otherwise responsive pleading by 8/27/2024. The parties are given until 8/30/2024 to file the initial joint status report. (Attachments: # 1 Outline for the Initial Joint Status Report) (rao, ) (Entered: 08/06/2024)

NOTICE by Reilly Walsh Stephens of Change of Address (Stephens, Reilly) (Entered: 08/20/2024)

MOTION by Plaintiffs Frank Bednarz, Stephanie Scholl for preliminary injunction (Stephens, Reilly) (Entered: 08/20/2024)

MEMORANDUM by Frank Bednarz, Stephanie Scholl in support of motion for preliminary injunction 14 (Stephens, Reilly) (Entered: 08/20/2024)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing set for 8/29/24 at 9:00 a.m. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court. Mailed notice. (jg, ) (Entered: 08/23/2024)

MINUTE entry before the Honorable Martha M. Pacold: Telephonic status hearing set for 8/29/24 is stricken and reset to 8/29/2024 at 12:30 PM. (TIME CHANGE ONLY.) Mailed notice. (jg, ) (Entered: 08/23/2024)

MOTION by Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois to extend deadline to respond to Plaintiffs' complaint and to set briefing schedule on Plaintiffs' motion for preliminary injunction (Unopposed) (Andonova Mallory, Elizabeth) (Entered: 08/26/2024)

MINUTE entry before the Honorable Martha M. Pacold: Telephonic hearing held on 8/29/2024. For the reasons stated on the record, Defendants' Unopposed Motion for an Extension of time to respond to plaintiffs' complaint and to set briefing schedule on plaintiffs' motion for preliminary injunction 18 is granted. The court adopts the parties' briefing schedule and sets the following briefing schedule on Plaintiff's Motion for preliminary injunction 14 : defendants' motion to dismiss/response to motion for preliminary injunction 14 due 9/10/2024; plaintiffs' response to defendants' motion to dismiss/reply in support of motion for preliminary injunction due 10/10/2024; defendants' reply in support of motion to dismiss due 11/8/2024. In court oral argument set for 11/21/2024 at 10:00 a.m. Emailed notice (cn). (Entered: 08/30/2024)

STATUS Report Joint by Frank Bednarz, Stephanie Scholl (Stephens, Reilly) (Entered: 08/30/2024)

NOTICE by Reilly Walsh Stephens of Change of Address (Stephens, Reilly) (Entered: 08/30/2024)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois (Johnston, Mary) (Entered: 09/10/2024)

MEMORANDUM by Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois in support of Motion to Dismiss for Failure to State a Claim 22 (Combined memorandum in support of Defendants' motion to dismiss and in opposition to Plaintiffs' motion for preliminary injunction) (Johnston, Mary) (Entered: 09/10/2024)

MOTION by Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois for leave to file overlength brief instanter (Unopposed) (Johnston, Mary) (Entered: 09/10/2024)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for leave to file overlength brief instanter in excess of fifteen pages, 24, is granted. Defendants may file a 26-page brief in support of their motion, 22 . Defendants have already filed the brief on the docket. 23 . The court has already set a briefing schedule for plaintiffs' response and defendants' reply, 19 . The parties should discuss page limits for the forthcoming briefs, attempt to reach an agreement that equalizes the total number of pages for each side (i.e., defendants' opening brief and reply on the one hand, and plaintiffs' response on the other), and file by 9/24/2024 a joint status report with the results of that discussion. (rao, ) (Entered: 09/17/2024)

STATUS Report Joint by Frank Bednarz, Stephanie Scholl (Stephens, Reilly) (Entered: 09/24/2024)

MINUTE entry before the Honorable Martha M. Pacold: The court has received the parties' joint status report, 26, and adopts the parties' agreed proposed page limits. Plaintiff's response to defendants' motion to dismiss 22 is due on 10/10/2024 and is not to exceed 26 pages. Defendants' reply is due 11/8/2024 and is not to exceed 15 pages. (rao, ) (Entered: 10/03/2024)

RESPONSE by Frank Bednarz, Stephanie Scholl to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois 22, MOTION by Plaintiffs Frank Bednarz, Stephanie Scholl for preliminary injunction 14 and Reply in Support of Motion for Preliminary Injunction (Schwab, Jeffrey) (Entered: 10/10/2024)

MOTION by Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois for extension of time to file reply in support of Defendants' motion to dismiss Plaintiffs' complaint and to reschedule oral argument (Unopposed) (Johnston, Mary) (Entered: 11/07/2024)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for an extension of time to file a reply in support of their motion to dismiss, 29, is granted. The previous briefing schedule, 27, is hereby modified as follows: Defendants' reply in support of their motion to dismiss is due 11/22/24 and is not to exceed 15 pages. Mailed Notice. (jn,) (Entered: 11/12/2024)

MINUTE entry before the Honorable Martha M. Pacold: The oral argument hearing set for 11/21/2024 is stricken. Oral argument on the pending motions 14, 22, is reset to 12/12/2024 at 1:00 p.m. in Courtroom 2325. (rao, ) (Entered: 11/18/2024)

REPLY by Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois to response to motion, 28 (Reply in further support of Defendants' Motion to Dimiss) (Johnston, Mary) (Entered: 11/22/2024)

MINUTE entry before the Honorable Martha M. Pacold: Oral argument on plaintiffs' motion for preliminary injunction 14 and defendant's motion to dismiss plaintiff's complaint 22 held on 12/12/2024. Plaintiff's motion for preliminary injunction 14 and defendant's motion to dismiss 22 remain under advisement. (rao, ) (Entered: 12/12/2024)

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)

Notice of Supplemental Authority by Stephanie Scholl, Frank Bednarz (Stephens, Reilly) (Entered: 01/13/2025)

RESPONSE by Defendants Illinois State Police, Brendan F. Kelly, Governor Jay Robert Pritzker, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois to other 35 (Response to Plaintiff's Notice of Supplemental Authority) (Johnston, Mary) (Entered: 01/16/2025)

ATTORNEY Appearance for Plaintiffs Stephanie Scholl, Frank Bednarz by Bridget F Conlan (Conlan, Bridget) (Entered: 02/11/2025)

Notice of Supplemental Authority by Stephanie Scholl, Frank Bednarz (Attachments: # 1 Exhibit A)(Conlan, Bridget) (Entered: 02/11/2025)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion to dismiss, 22, is granted. Plaintiff's motion for a preliminary injunction, 14, is denied. Plaintiffs are given until 4/30/2025, to file a motion for leave to amend. Enter Memorandum Opinion and Order. (rao, ) (Entered: 03/31/2025)

MEMORANDUM OPINION AND ORDER Signed by the Honorable Martha M. Pacold on 3/31/2025: (rao, ) (Entered: 03/31/2025)

STATUS Report by Frank Bednarz, Stephanie Scholl (Stephens, Reilly) (Entered: 04/29/2025)

MINUTE entry before the Honorable Martha M. Pacold: On 3/31/2025, the court dismissed the complaint without prejudice for lack of subject matter jurisdiction and for failure to state a claim, but gave plaintiffs until 4/30/2025 to file a motion for leave to amend. 41 . Plaintiffs' status report states that plaintiffs will not file a motion for leave to amend and requests that the court enter final judgment. 42 at 1. For the reasons explained in the court's memorandum opinion and order, 41, and in light of plaintiffs' decision to decline to file a motion for leave to amend, plaintiffs' claims against defendants Illinois State Police, Jay R. Pritzker, and Kwame Raoul are dismissed without prejudice for lack of jurisdiction, plaintiffs' claims against defendant Brendan F. Kelly (to the extent those claims challenge the use of the LEARN database) are dismissed without prejudice for lack of jurisdiction, and plaintiffs' claims against defendant Brendan F. Kelly (to the extent those claims challenge the use of ALPRs) are dismissed with prejudice for failure to state a claim. Enter final judgment. Civil case terminated. (rao, ) (Entered: 05/02/2025)

ENTERED JUDGMENT Signed by the Honorable Martha M. Pacold on 5/2/2025: (rao, ) (Entered: 05/02/2025)

NOTICE of appeal by Frank Bednarz, Stephanie Scholl regarding orders 43, 40, 44, 41 Filing fee $ 605, receipt number AILNDC-23492431. Receipt number: n (Stephens, Reilly) (Entered: 05/15/2025)

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 45 (vjd, ) (Entered: 05/16/2025)

TRANSMITTED to the 7th Circuit the short record on notice of appeal 45 . Notified counsel (vjd, ) (Entered: 05/16/2025)

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 45 ; USCA Case No. 25-1847 (vjd, ) (Entered: 05/16/2025)

TRANSCRIPT OF PROCEEDINGS held on 12/12/24 before the Honorable Martha M. Pacold. Order Number: 51980. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. 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 7/8/2025. Redacted Transcript Deadline set for 7/18/2025. Release of Transcript Restriction set for 9/15/2025. (Fennell, Kathleen) (Entered: 06/17/2025)