Case: Kennedy v. Chicago

1:20-cv-01440 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 27, 2020

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Case Summary

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16898497/parties/kennedy-v-chicago/


Judge(s)

Durkin, Thomas Michael (Illinois)

Attorney for Plaintiff

Flaxman, Joel A. (Illinois)

Flaxman, Kenneth N (Illinois)

Attorney for Defendant

Babbitt, Elizabeth Erin (Illinois)

Decker, Adam William (Illinois)

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Documents in the Clearinghouse

Document
1

1:20-cv-01440

Complaint

Murdock v. City of Chigaco

Feb. 27, 2020

Feb. 27, 2020

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16898497/kennedy-v-chicago/

Last updated Feb. 16, 2026, 5:08 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Anthony Murdock; Jury Demand. Filing fee $ 400, receipt number 0752-16771626.(Flaxman, Kenneth) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

Clearinghouse
2

CIVIL Cover Sheet (Flaxman, Kenneth) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

3

ATTORNEY Appearance for Plaintiff Anthony Murdock by Kenneth N Flaxman (Flaxman, Kenneth) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

4

ATTORNEY Appearance for Plaintiff Anthony Murdock by Joel A. Flaxman (Flaxman, Joel) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (dxb, )

Feb. 27, 2020

Feb. 27, 2020

5

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (aee, ) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

6

MINUTE entry before the Honorable Gary Feinerman: Status hearing set for 4/6/2020 at 9:00 a.m.Mailed notice. (jlj, ) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

SUMMONS Issued as to Defendant City of Chicago (daj, )

March 2, 2020

March 2, 2020

7

SUMMONS Returned Executed by Anthony Murdock as to City of Chicago on 3/5/2020, answer due 3/26/2020. (Flaxman, Joel) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

8

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/18/2020)

March 16, 2020

March 16, 2020

9

ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket6, ) (Entered: 03/31/2020)

March 30, 2020

March 30, 2020

10

MINUTE entry before the Honorable Gary Feinerman:Pursuant to Second Amended General Order 20-0012, the 4/6/2020 status hearing 6 is stricken and re-set to 5/11/2020 at 9:15 a.m. In the meantime, if any party wishes to present a scheduling or other issue or question to the court, that party should send an email to the Courtroom Deputy (Jackie_Deanes@ilnd.uscourts.gov) and the proposed order email box (Proposed_Order_Feinerman@ilnd.uscourts.gov), with a copy to all other counsel, and the court will respond as soon as practicable. If any party wishes to extend, shorten, or revoke in a particular case the filing extensions granted by Paragraph 2 of Second Amended General Order 20-0012, that party shall file a motion on the case docket and shall indicate in the motion whether the relief sought is agreed or opposed. Parties may file other non-emergency motions on the case docket as they see fit. Emergency relief in any case, or emergency relief from Second Amended General Order 20-0012, shall be sought in the manner set forth in Paragraphs 5-6 of Second Amended General Order 20-0012. Mailed notice. (jlj, ) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

11

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, ) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

12

MINUTE entry before the Honorable Gary Feinerman:Pursuant to Paragraph 3 of Third Amended General Order 20-0012, the 5/11/2020 status hearing 10 is stricken and re-set for 6/8/2020 at 10:15 a.m. If any party would like that the hearing to be held in May 2020, the party should file a motion under Paragraph 3 of the Third Amended General Order. If any party wishes to present any other procedural issue or question to the court, the party should send an email to the Courtroom Deputy (Jackie_Deanes@ilnd.uscourts.gov) and the proposed order email box (Proposed_Order_Feinerman@ilnd.uscourts.gov), with a copy to all other counsel, and the court will respond as soon as practicable. If any party wishes to extend, shorten, or revoke in a particular case an extension granted by Paragraph 2 of the Third Amended General Order or any prior iteration of General Order 20-0012, the party should file a motion on the case docket pursuant to Paragraph 2.c of the Third Amended General Order, and shall indicate in the motion whether the relief sought is agreed or opposed. Parties may file non-emergency motions on the case docket as they see fit. Emergency relief in any case, or emergency relief from the Third Amended General Order, shall be sought in the manner set forth in Paragraphs 7-8 of the Third Amended General Order.Mailed notice. (jlj, ) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

13

ATTORNEY Appearance for Defendant City of Chicago by Bret Anthony Kabacinski (Kabacinski, Bret) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

14

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

15

ATTORNEY Appearance for Defendant City of Chicago by Nicholas Tyler Peluso (Peluso, Nicholas) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

16

MINUTE entry before the Honorable Gary Feinerman:Pursuant to the extensions granted by various iterations of General Order 20-0012, it would appear that the deadline for Defendant to respond to the complaint is 6/11/2020. The status hearing set for 6/8/2020 12 is stricken and re-set for 6/30/2020 at 9:30 a.m.Mailed notice. (jlj, ) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant City of Chicago (Kabacinski, Bret) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

18

MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss 17 is entered and continued. Plaintiff's alleged injury was that he was held in the police station when he allegedly should have been allowed to post bond. And the Seventh Circuit has held time and again that a complaint need not plead legal theories. That said, if Plaintiff elects to oppose Defendant's motion to dismiss, he shall articulate why the facts alleged resulted in a violation of federal law. Plaintiff shall respond to the motion to dismiss 17 or replead by 7/9/2020; if Plaintiff opposes the motion to dismiss, Defendant shall reply by 7/23/2020. The status hearing set for 6/30/2020 16 is stricken and re-set for 7/31/2020 at 9:15 a.m.Mailed notice. (jlj, ) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

19

RESPONSE by Plaintiff Anthony Murdock to Order on Motion to Dismiss for Failure to State a Claim,,,, terminate hearings,,,, set/reset hearings,,, 18 (Attachments: # 1 Exhibit 1 Special Order S06-12-02 (rescinded), # 2 Exhibit 2 Special Order S06-12-02 (current))(Flaxman, Kenneth) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

20

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk8, Docket) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

21

MINUTE entry before the Honorable Gary Feinerman:Status hearing set for 7/31/2020 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

22

REPLY by City of Chicago to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant City of Chicago 17, Response, 19 (Kabacinski, Bret) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

23

MOTION by Plaintiff Anthony Murdock to certify class (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1 Special Order S06-12-02 (rescinded 8/26/19), # 3 Exhibit 2 Special Order S06-12-02 (effective 8/26/19), # 4 Exhibit 3 List of Class Members, through January 26, 2020)(Flaxman, Kenneth) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

24

MOTION by Plaintiff Anthony Murdock for leave to file supplemental authority (Flaxman, Kenneth) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

25

MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss is 17 is denied. As Defendant acknowledges 23, Plaintiff's response brief 19 sets forth a sufficient factual predicate for stating a claim. Defendants argue, however, that Plaintiff must identify the constitutional right that allegedly was violated. Plaintiff has done so 24 : the Fourth Amendment. Accordingly, the motion to dismiss 17 is denied. Defendant shall answer the complaint by 8/7/2020. The status hearing set for 7/31/2020 18 is stricken and re-set for 8/28/2020 at 9:30 a.m. The parties shall file an initial joint status report by 8/21/2020. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

26

MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file supplemental authority 24 is granted.Mailed notice. (jlj, ) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

27

ANSWER to Complaint with Jury Demand and affirmative defenses by City of Chicago(Kabacinski, Bret) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

28

ATTORNEY Appearance for Defendant City of Chicago by Stephanie Amanda Sotomayor (Sotomayor, Stephanie) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

29

MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 8/28/2020 25 is stricken and re-set for 9/3/2020 at 9:00 a.m. Attorneys/Parties should appear by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

30

STATUS Report (Joint Initial Status Report) by Anthony Murdock (Flaxman, Joel) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

31

MINUTE entry before the Honorable Gary Feinerman:Rule 26(a)(1) disclosures shall be served by 9/10/2020. Written discovery requests shall be served by 9/24/2020. Fact discovery shall close 4/22/2021. Motions to amend the pleadings or add new parties shall be filed by 3/25/2021. Dispositive motions shall be filed by 6/3/2021. The status hearing set for 9/3/2020 29 is stricken and re-set for 11/17/2020 at 9:00 a.m. By 11/10/2020, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; and (4) whether there is a need for the 11/17/2020 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP
32

STATUS Report (Joint Status Report) by Anthony Murdock (Flaxman, Joel) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

33

MINUTE entry before the Honorable Gary Feinerman:Given the status report 32, the status hearing set for 11/17/2020 31 is stricken and re-set for 12/18/2020 at 9:30 a.m. By 12/11/2020, the parties shall file a joint status report addressing: (1) the discovery they have completed thus far; (2) the discovery that remains to be taken; (3) whether there are any foreseeable obstacles to meeting the deadlines set forth in the 8/24/2020 order 31 and, if so, whether the schedule should be amended; and (4) whether there is a need for the 12/18/2020 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

34

NOTICE by Bret Anthony Kabacinski of Change of Address (Attachments: # 1 Exhibit A (List of Cases Con'd))(Kabacinski, Bret) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

35

MOTION by Defendant City of Chicago for protective order Unagreed (Sotomayor, Stephanie) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

36

OBJECTIONS by Anthony Murdock to MOTION by Defendant City of Chicago for protective order Unagreed 35 (Flaxman, Kenneth) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

37

OBJECTIONS by Anthony Murdock to objections 36, MOTION by Defendant City of Chicago for protective order Unagreed 35 [corrected references to exhibit numbers] (Flaxman, Kenneth) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

38

NOTICE by Stephanie Amanda Sotomayor of Change of Address (Attachments: # 1 Active Case List)(Sotomayor, Stephanie) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

39

MINUTE entry before the Honorable Gary Feinerman:By 11/24/2020, the parties shall file a redlined protective order indicating their areas of disagreement.Mailed notice. (jlj, ) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

40

Redlined Protective Order by City of Chicago (Sotomayor, Stephanie) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

41

NOTICE by Nicholas Tyler Peluso of Change of Address (Attachments: # 1 Appendix Case List)(Peluso, Nicholas) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

42

RESPONSE by Plaintiff Anthony Murdock to text entry 39 [JOINT] (Flaxman, Kenneth) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

43

STATUS Report (Joint Status Report) by Anthony Murdock (Flaxman, Joel) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

44

MINUTE entry before the Honorable Gary Feinerman:Motion for protective order 35 is granted in part and denied in part. As to Plaintiff's objections (Doc. 42 at 22-28) to Defendant's proposed alterations to the model confidentiality order, the court sustains some (## 1, 5, 7, 8, 9, 10, 12, 13, 14, 15, 16) and overrules the others (## 2, 3, 4, 6, 11). The parties shall submit to the proposed order email box a confidentiality order that implements these rulings. The parties should bear in mind that the order: (1) concerns the confidentiality of documents produced in discovery, not whether any document is protected from discovery in the first place; and (2) sets forth procedures for the parties to resolve challenges to confidentiality designations. They also should bear in mind that relief from the order may be sought as to particular materials. The status hearing set for 12/18/2020 33 is stricken and re-set for 1/29/2021 at 9:30 a.m. By 1/22/2021, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) whether there are any foreseeable obstacles to meeting the deadlines set forth in the 8/24/2020 order 31 and, if so, how the schedule should be amended; (4) whether there is a need for the 1/29/2021 status hearing; and (5) whether both sides would like a settlement conference with the Magistrate Judge. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 12/13/2020)

Dec. 13, 2020

Dec. 13, 2020

RECAP
45

MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 1/29/2021 at 9:30 a.m. 44 is re-set for 8:45 a.m. TIME CHANGE ONLY. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

46

PROTECTIVE Order signed by the Honorable Gary Feinerman on 1/21/2021.Mailed notice.(jlj, ) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

47

STATUS Report [JOINT] by Anthony Murdock (Flaxman, Kenneth) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

48

MINUTE entry before the Honorable Gary Feinerman:Given the status report 47, the status hearing set for 1/29/2021 45 is stricken and re-set for 2/23/2021 at 9:30 a.m. By 2/16/2021, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 8/24/2020 order 31 and, if there are such obstacles, how the schedule should be amended; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 2/23/2021 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

49

STATUS Report (Joint Status Report) by Anthony Murdock (Flaxman, Joel) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

50

MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 5/4/2021 at 9:00 a.m. By agreement, the deadline to move to amend the pleadings or add new parties is extended to 4/26/2021. By agreement, the fact discovery and the dispositive motion deadlines are vacated. Attorneys/Parties should appear for the 5/4/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 02/24/2021)

Feb. 23, 2021

Feb. 23, 2021

51

MINUTE entry before the Honorable Gary Feinerman: Near the outset of this case, and consistent with the procedure advised by Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), Plaintiff filed a protective motion for class certification 23 . The motion has not been briefed and of course is not ready for decision. Due to recordkeeping issues involving the Administrative Office of the U.S. Courts, the court asks Plaintiff to re-file his class certification motion by 3/26/2021. The re-filed motion will be deemed for all substantive purposes to have been filed on 7/23/2020, and this case will remain a putative class action. After Plaintiff re-files his class certification motion, the court will deny without prejudice the earlier motion. Mailed notice (air, ) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

52

MOTION by Plaintiff Anthony Murdock to certify class [amended] (Flaxman, Kenneth) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

53

MINUTE entry before the Honorable Gary Feinerman:Motion to certify class 52 is entered and continued. Pursuant to the 3/22/2021 order 51, motion to certify class 23 is denied without prejudice to Plaintiff pursuing the renewed motion 52 .Mailed notice. (jlj, ) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

54

MOTION by Plaintiff Anthony Murdock to join additional plaintiffs [submitted without objection] (Attachments: # 1 Exhibit Amended Complaint)(Flaxman, Kenneth) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

55

MINUTE entry before the Honorable Gary Feinerman:Motion to join 54 is granted. Plaintiff shall file the amended complaint as a separate docket entry. Pursuant to Civil Rule 15(a)(3), Defendant shall file a responsive pleading or motion by 5/10/2021. By 4/30/2021, the parties shall file a joint status report addressing: (1) whether a revised discovery and dispositive motion schedule should be entered and, if so, what that schedule should be; and (2) whether there is a need for the 5/4/2021 status hearing 50 .Mailed notice. (jlj, ) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

56

AMENDED complaint by Anthony Murdock, Duwayne Richardson, Andrew Cruz, Theresa Kennedy, John Perry, Myron Nelson, Chawan Lowe, Johonest Fischer, Brian Neals, Maurice Grant, James McGee against All Defendants (Flaxman, Kenneth) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

57

STATUS Report [JOINT] by Anthony Murdock (Flaxman, Kenneth) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

58

MINUTE entry before the Honorable Gary Feinerman:By agreement 57, the deadline for fact discovery focused on class certification is extended to 7/29/2021, and the deadline for filing an amended class certification motion is extended to 8/12/2021. The status hearing set for 5/4/2021 50 is stricken and re-set for 6/24/2021 at 9:15 a.m. By 6/17/2021, the parties shall file a joint status report addressing: (1) the discovery they have completed thus far; (2) the discovery that remains to be taken; (3) whether there are any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether they would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 6/24/2021 status hearing. Attorneys/Parties should appear for the 6/24/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

59

MOTION by Defendant City of Chicago for extension of time (Sotomayor, Stephanie) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

60

MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time 59 is granted. The deadline for Defendants to file a responsive pleading is extended to 5/17/2021.Mailed notice. (jlj, ) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

61

MOTION by Defendant City of Chicago for leave to file answer instanter (unopposed) (Attachments: # 1 Exhibit A (Proposed Answer to Plaintiffs' Amended Complaint))(Kabacinski, Bret) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

62

MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file 61 is granted. Defendant shall file its answer as a separate docket entry.Mailed notice. (jlj, ) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

63

ANSWER to amended complaint with affirmative defenses and jury demand by City of Chicago(Kabacinski, Bret) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

64

STATUS Report [JOINT] by Anthony Murdock (Flaxman, Kenneth) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

65

MINUTE entry before the Honorable Gary Feinerman:By agreement 64, the status hearing set for 6/24/2021 58 is stricken and re-set for 7/8/2021 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

66

MOTION by Plaintiff Anthony Murdock to compel production of "Task Files" (Attachments: # 1 Exhibit Table of Exhibits, # 2 Exhibit 1:Special Order 6-12-02, # 3 Exhibit 2:General Order 97-12, # 4 Exhibit 3:Revised Privilege Log, # 5 Exhibit 4A:RUle 37.2 letter, # 6 Exhibit 4B:Response to 37.2 letter, # 7 Exhibit 4C:Agreed Summary of 37.2 Conference, # 8 Exhibit 5:TaskFile 00-113, # 9 Exhibit 6:Conway Affidavit)(Flaxman, Kenneth) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

67

MOTION by Plaintiff Anthony Murdock to compel [corrected with numbered exhibits] production of "task files" (Attachments: # 1 Exhibit Index to Exhibits, # 2 Exhibit 1:Special Order 6-12-02, # 3 Exhibit 2:General Order 97-12, # 4 Exhibit 3:Revised Privilege Log, # 5 Exhibit 4A:Rule 37.2 letter, # 6 Exhibit 4B:Response to 37.2 letter, # 7 Exhibit 4C:Agreed Summary of 37.2 Conference, # 8 Exhibit 5:TaskFile 00-113, # 9 Exhibit 6:Conway Affidavit)(Flaxman, Kenneth) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

68

MINUTE entry before the Honorable Gary Feinerman:Motion to compel 66 is denied as moot. Motion to compel 67 is entered and continued. Defendant shall respond to the motion by 7/6/2021. Motion hearing set for 7/8/2021 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

69

RESPONSE by City of Chicagoin Opposition to MOTION by Plaintiff Anthony Murdock to compel [corrected with numbered exhibits] production of "task files" 67 (Attachments: # 1 Exhibit A - Plaintiff's First Request for Production of Documents, # 2 Exhibit B - FCRL 1458-1471, # 3 Exhibit C - FCRL 1484-1521, 1555-1558, 1562-1564, 1614, 1630, 1657-1658, 1672-1673, 1684-1686, # 4 Exhibit D - Privilege Log for Task File 19-004, # 5 Exhibit E - Affidavit of Director Karen Conway)(Peluso, Nicholas) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

70

MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 8/16/2021 at 9:00 a.m. Motion hearing held. Defendant shall file supplemental response to Plaintiffs' motion to compel 67 by 7/22/2021. Plaintiffs shall reply by 8/12/2021. The schedule 58 is vacated and will be reset at the next status hearing. Attorneys/Parties should appear for the 8/16/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 07/09/2021)

July 8, 2021

July 8, 2021

71

SUPPLEMENT to response in opposition to motion,, 69, motion to compel,, 67 Defendant City's Supplemental Response to Plaintiffs' Motion to Compel (Sotomayor, Stephanie) (Entered: 07/22/2021)

July 22, 2021

July 22, 2021

72

MOTION by Attorney Nicholas T. Peluso to withdraw as attorney for City of Chicago. No party information provided (Peluso, Nicholas) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

73

MINUTE entry before the Honorable Gary Feinerman:Motion to withdraw as attorney 72 is granted. Attorney Nicholas Tyler Peluso terminated as counsel for the Defendant.Mailed notice. (jlj, ) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

74

REPLY by Plaintiff Anthony Murdock to response in opposition to motion,, 69 [supplemental response] (Attachments: # 1 Exhibit Table Of Exhibits, # 2 Exhibit 1 Special Order S06-12-02, 1/1/98, # 3 Exhibit 2 Special Order S06-12-02, 4/10/12, # 4 Exhibit 3 Special Order S06-12-02, 4/24/12, # 5 Exhibit 4 Special Order S06-12-02, 6/13/13, # 6 Exhibit 5 Special Order S06-12-02, 8/26/19, # 7 Exhibit 6 Circuit Court of Cook County, No. 2015-06)(Flaxman, Kenneth) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

75

MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 8/16/2021 at 9:00 a.m. 70 is re-set for 9:15 a.m. TIME CHANGE ONLY. Attorneys/Parties should appear for the 8/16/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

76

ATTORNEY Appearance for Defendant City of Chicago by Raoul Vertick Mowatt (Mowatt, Raoul) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

77

MINUTE entry before the Honorable Gary Feinerman: Status hearing held on 8/16/2021 and continued to 9/15/21 at 9:30 a.m. Attorneys/Parties should appear for the 9/15/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (kp, ) (Entered: 08/17/2021)

Aug. 16, 2021

Aug. 16, 2021

78

MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 9/15/2021 77 is stricken and re-set for 10/14/2021 at 9:15 a.m. Plaintiff's motion to compel 67 remains under submission. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

79

MOTION by Plaintiff Anthony Murdock for leave to file Supplement in Further Support of Motion to Compel (Attachments: # 1 Exhibit 1 - Task File, Special Order S02-01-01)(Flaxman, Joel) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

80

MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file supplement 79 is granted.Mailed notice. (jlj, ) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

81

MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Plaintiffs' motion to compel 67 is granted in part and denied in part. Defendant shall produce the task file for CPD Special Order S06-12-02 by 1018/2021, except for the portions of the task file (FCRL 1787-1790, 1793-1831) for which it has asserted the attorney-client privilege. Defendant must also produce an amended privilege log for entry FCRL 1793-1831 by 10/18/2021. If Plaintiffs believe that the amended privilege log entry does not satisfy Civil Rule 26(b)(5)(A), it should confer with Defendant and seek the court's assistance if an accord cannot be reached.Mailed notice. (jlj, ) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

82

MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 10/4/2021.Mailed notice.(jlj, ) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

RECAP
83

MINUTE entry before the Honorable Gary Feinerman: Given the 10/4/2020 order 81, the status hearing set for 10/14/2021 78 is stricken and re-set for 10/25/2021 at 9:15 a.m. By 10/18/2021, the parties shall file a joint status report addressing: (1) the fact discovery that remains to be taken; (2) a proposed schedule for any further discovery and motion practice; (3) whether they would like a settlement conference with the Magistrate Judge; and (4) whether there is a need for the 10/25/2021 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

84

STATUS Report [joint] by Anthony Murdock (Flaxman, Kenneth) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

85

MINUTE entry before the Honorable Gary Feinerman:By agreement 84, the status hearing set for 10/25/2021 83 is stricken and re-set for 12/3/2021 at 9:00 a.m. By 11/29/2021, the parties shall file a joint status report addressing: (1) the fact discovery that remains to be taken; (2) a proposed schedule for further discovery and motion practice; (3) whether they would like a settlement conference with the Magistrate Judge; and (4) whether there is a need for the 12/3/2021 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

86

MOTION by Attorney Stephanie Sotomayor to withdraw as attorney for City of Chicago. No party information provided (Sotomayor, Stephanie) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

87

MINUTE entry before the Honorable Gary Feinerman:Motion to withdraw as attorney 86 is granted. Attorney Stephanie Sotomayor is terminated as counsel for Defendant.Mailed notice. (jlj, ) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

88

STATUS Report [JOINT] by Andrew Cruz (Flaxman, Kenneth) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

89

MOTION by Plaintiff Anthony Murdock to dismiss plaintiffs Grant, Nelson, and Richardson without prejudice [AGREED] (Flaxman, Kenneth) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

90

MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 2/16/2022 at 9:00 a.m. As discussed, the four plaintiffs no longer in touch will counsel will be dismissed, without prejudice to both sides arguing whether or not they should be absent class members of a class is certified. By 2/9/2022, the parties shall file a status report proposing a fact discovery deadline, a class certification deadline, and any other deadlines ready to be set. Attorneys/Parties should appear for the 2/16/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) (Entered: 12/05/2021)

Dec. 3, 2021

Dec. 3, 2021

91

MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss 89 is granted. The claims of Plaintiffs Maurice Grant, Myron Nelson, and Duwayne Richardson are dismissed without prejudice to their seeking to participate in the case as absent members of a class, and without prejudice to Defendant objecting to such participation. The Clerk is directed to terminate Maurice Grant, Myron Nelson, and Duwayne Richardson as party plaintiffs.Mailed notice. (jlj, ) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

92

MOTION by Attorney Bret Kabacinski to withdraw as attorney for City of Chicago. No party information provided (Kabacinski, Bret) (Entered: 12/08/2021)

Dec. 8, 2021

Dec. 8, 2021

93

MINUTE entry before the Honorable Gary Feinerman:Motion to withdraw as attorney 92 is granted. Attorney Bret Kabacinski is terminated as counsel for Defendant City of Chicago. Mailed notice. (jlj, ) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

94

ATTORNEY Appearance for Defendant City of Chicago by Elizabeth Erin Babbitt (Babbitt, Elizabeth) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

95

ATTORNEY Appearance for Defendant City of Chicago by Allan T. Slagel (Slagel, Allan) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

96

ATTORNEY Appearance for Defendant City of Chicago by Adam William Decker (Decker, Adam) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

97

ATTORNEY Appearance for Defendant City of Chicago by Elizabeth Ann Winkowski (Winkowski, Elizabeth) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

98

STATUS Report [joint] by Anthony Murdock (Flaxman, Kenneth) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

Case Details

State / Territory:

Illinois

Case Type(s):

Policing

Key Dates

Filing Date: Feb. 27, 2020

Closing Date: Nov. 6, 2024

Case Ongoing: Yes

Case Details

Other Dockets:

Northern District of Illinois 1:20-cv-01440

U.S. Court of Appeals for the Seventh Circuit 24-03208

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket