Case: Calvin v. Sheriff of Will County, Illinois

Sheriff Will County v. Calvin

U.S. Court of Appeals for the Seventh Circuit

Calvin v. Sheriff of Will County

U.S. Court of Appeals for the Seventh Circuit

Calvin v. Sheriff of Will County

No Court

Calvin v. Sheriff of Will County

Calvin v. Sheriff of Will County

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Kenneth N. Flaxman as attorney(s) for plaintiff (One original and one copy summons(es) issued.) ( Documents: 1-1 through 1-3) (hp) (Entered: 05/12/2003)

RECEIPT regarding payment of filing fee paid; on 5/8/03 in the amount of $150.00, receipt #10414464. (hp)

ATTORNEY APPEARANCE for defendant by Jeffrey S. Pavlovich, Edward Joseph Leahy, Daniel Robert Woods; Notice. (aga) (Entered: 07/15/2003)

ANSWER by defendant to complaint [1-1]. (aga) (Entered: 07/15/2003)

SCHEDULE set on 7/16/03 by Hon. Robert W. Gettleman : Status hearing set to 9:00 8/5/03 . Status report due 7/31/03 . Courtroom deputy mailed notice (gds)

JOINT STATUS REPORT by plaintiff and defendant; Notice (rmm) (Entered: 08/01/2003)

SCHEDULE set on 8/5/03 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 9/10/03 . Open court notice (gds)

SCHEDULE set on 8/5/03 by Hon. Robert W. Gettleman : Plaintiff is granted leave to file an amended complaint by 8/12/03. Defendants' response is due by 9/5/03. Open court notice (gds)

AMENDED COMPLAINT [1-1] by plaintiff Javar Calvin; jury demand; adding plaintiff William Virble Moore, defendant Will County, Illinois. (hp) (Entered: 08/11/2003)

ONE ORIGINAL SUMMONS and one copy issued as to defendant Will County, Illinois. (hp)

ATTORNEY APPEARANCE for defendant Will Co IL by Jeffrey S. Pavlovich, Edward Joseph Leahy, Daniel Robert Woods, Shannon F. O'Shea; Notice. (hp) (Entered: 09/08/2003)

MOTION by defendants to dismiss plaintiffs' amended complaint (Attachment); Memorandum in support; Notice (hp) Modified on 09/15/2003 (Entered: 09/15/2003)

MINUTE ORDER of 9/10/03 by Hon. Robert W. Gettleman : Status hearing held and continued to 11/20/03 at 9:00 a.m. Defendant's motion to dismiss is denied without prejudice. [7-1] Defendant's answer is due by 10/01/03. No notice (hp) (Entered: 09/15/2003)

ANSWER by defendants to plaintiff's amended complaint [5-1]; Notice. (hp) (Entered: 10/02/2003)

SCHEDULE set on 11/20/03 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 1/13/04 . Open court notice (gds)

ATTORNEY APPEARANCE for Sheriff of Will Co, Will Co IL by Gerald Haberkorn, Joan Marie G. Kubalanza, Kevin J. Clancy; Notice. (gcy) (Entered: 01/04/2005)

SCHEDULE set on 1/13/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 2/12/04 . Open court notice (gds)

MOTION by plaintiffs to certify case as a class action (hp) (Entered: 02/13/2004)

SECOND AMENDED COMPLAINT [5-1] by plaintiff Javar Calvin, plaintiff William Virble Moore; adding plaintiff Charles Davis (hp) (Entered: 02/13/2004)

MINUTE ORDER of 2/12/04 by Hon. Robert W. Gettleman : Filed plaintiff's motion to certify case as a class action. [10-1] Answer brief to motion due 03/15/04. Reply to answer brief due 03/29/04. Status hearing held and continued to 04/20/04 at 9:00 a.m. Plaintiffs are granted leave to file second amended complaint. Mailed notice (hp) (Entered: 02/13/2004)

ANSWER by defendants to plaintiff's second amended complaint [11-1]; Notice (hp) (Entered: 03/12/2004)

MOTION by defendants Sheriff of Will Co, Will Co IL for enlargement of time to file answer brief to motion for certification ; Notice (las) (Entered: 03/25/2004)

MINUTE ORDER of 3/24/04 by Hon. Robert W. Gettleman : Status hearing reset to 5/4/04 at 9:00 a.m. Defendants' motion for enlargement of time to 3/25/04 to file answer brief to motion for certification is granted [14-1]. Plaintiffs' reply is due 4/9/04 [10-1]. Mailed notice (las) (Entered: 03/25/2004)

MEMORANDUM OF LAW by defendants in opposition to plaintiff's motion for class certification [10-1] (Attachments); Notice (cdy) (Entered: 03/26/2004)

REPLY MEMORANDUM by plaintiffs in support of motion to certify case as a class action [10-1] (Attachment). (air) (Entered: 04/13/2004)

SCHEDULE set on 5/3/04 by Hon. Robert W. Gettleman : Status hearing date of 5/4/04 is stricken. The Court will rule by mail. Telephone notice (gds)

MINUTE ORDER of 5/12/04 by Hon. Robert W. Gettleman : Status hearing set for 05/26/04, at 9:00 a.m. Accordingly, plaintiffs' motion for class certification is granted with respect to subclasses II and III, and denied with respect to subclass I. [10-1] (Entered Memorandum Opinion and Order.) Notices mailed by judge's staff (hp)

SCHEDULE set on 6/25/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 8/11/04 . Open court notice (gds)

SCHEDULE set on 8/10/04 by Hon. Robert W. Gettleman : Status hearing reset to 9:00 9/15/04 . Telephone notice (gds)

SCHEDULE set on 9/15/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 10/28/04 . Open court notice (gds)

SCHEDULE set on 10/28/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 12/20/04 . Open court notice (gds)

SCHEDULE set on 12/20/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 1/5/05 . Open court notice (gds)

MOTION by defendants for leave to substitute counsel Gerald Haberkorn, Joan Kubalanza and Martin McManaman in lieu of Jeffrey A. Pavlovich ; Notice. (hp) (Entered: 01/07/2005)

MINUTE ORDER of 1/5/05 by Hon. Robert W. Gettleman : Status hearing held and continued to 01/20/05 at 9:00 a.m. Defendants' motion for leave to substitute counsel is granted. Gerald Haberkorn, Joan Kubalanza and Martin McManaman are granted leave to appear as counsel for defendants in lieu of counsel who have heretofore appeared for defendants. [20-1] No notice (hp) (Entered: 01/07/2005)

MINUTE entry before Judge Robert W. Gettleman : Status hearing held on 1/20/2005. Settlement posture letters are due by 2/4/05, noon. Settlement Conference set for 2/9/2005 at 01:30 PM. [Open court notice) (gds, ) (Entered: 01/20/2005)

MINUTE entry before Judge Robert W. Gettleman : Settlement posture letters are due by 2/25/2005. Settlement Conference reset to 3/4/2005 at 11:00 AM. [Telephone notice] (gds, ) (Entered: 02/11/2005)

MINUTE entry before Judge Robert W. Gettleman : Settlement conference held on 3/4/2005. Settlement Conference set for 3/15/2005 at 10:00 AM. No notice (gds, ) (Entered: 03/08/2005)

MINUTE entry before Judge Robert W. Gettleman : Settlement conference held on 3/15/2005. Parties report they are unable to settle. Court approves class notice, to be mailed by 4/11/2005; opt-out deadline is 5/23/2005. Status hearing set for 5/31/2005, at 9:00 a.m. to report on response by class. Discovery ordered closed by 9/9/2005. Status hearing set for 9/13/2005 at 09:00 AM. Mailed notice (gds, ) (Entered: 03/22/2005)

EXECUTIVE COMMITTEE ORDER:Case referred to magistrate judge Michael T. Mason for discovery supervision and to conduct settlement conference. Signed by Executive Committee on 3/17/05. (lcw) (Entered: 03/22/2005)

MINUTE entry before Judge Michael T. Mason : This matter having been referred to Magistrate Judge Mason, an initial status hearing is set for 6/21/05 at 9:00 a.m. in courtroom 2214. The parties shall deliver a file-stamped courtesy copy of an initial status report providing the information required by the enclosed Order Setting Initial Status Report to the courtroom deputy, room 2220, by 6/16/05. Judicial staff mailed notice (kef, ) (Entered: 03/23/2005)

MOTION by Plaintiff Javar Calvin to reset mailing of class notice and to require defendant to bear costs of mailing (Flaxman, Kenneth) (Entered: 04/17/2005)

NOTICE of Motion by Kenneth N. Flaxman for presentment of motion to reset 28 before Honorable Robert W. Gettleman on 4/21/2005 at 09:15 AM. (Flaxman, Kenneth) (Entered: 04/17/2005)

MOTION by Plaintiffs to reset dates for class notice and to require defendant to bear costs of mailing (gma, ) (Entered: 04/19/2005)

NOTICE of Motion by Kenneth N. Flaxman for presentment of MOTION by Plaintiffs to reset dates for class notice and to require defendant to bear costs of mailing 30 before Honorable Robert W. Gettleman on 4/21/2005 at 09:15 AM. (gma, ) (Entered: 04/19/2005)

MINUTE entry before Judge Robert W. Gettleman : Motion to reset dates for class notice 28 is granted. Motion to require defendant to bear cost of mailing 30 is denied. Motion to reset 30 is granted. Notice to go out by 4/28/2005. Opt-out period to expire 6/9/2005.Status hearing reset to 6/16/2005 at 09:00 AM. Open court notice (gds, ) (Entered: 04/25/2005)

OPT OUT FORM as to plaintiff by Ronald Odam. (hp, ) (Entered: 05/20/2005)

OPT OUT FORM by Santiago Lopez (hp, ) (Entered: 05/26/2005)

Plaintiff's Report on Class Notice by Javar Calvin, William Virble Moore, Charles Davis (Flaxman, Kenneth) (Entered: 06/15/2005)

MINUTE entry before Judge Robert W. Gettleman : Status hearing held on 6/16/2005. No notice (gds, ) (Entered: 06/16/2005)

JOINT INITIAL STATUS Report by plaintiffs; Notice. (previously misplaced document) (rp, ) (Entered: 06/11/2007)

MINUTE entry before Judge Michael T. Mason : Magistrate Judge Status hearing held on 6/21/2005 and continued to 7/14/05 at 9:00 a.m. Parties are to propound written discovery by 7/1/05. Judicial staff mailed notice (kef, ) (Entered: 06/21/2005)

MINUTE entry before Judge Michael T. Mason : Magistrate Judge Status hearing held on 7/14/2005 and continued to 8/16/05 at 9:00 a.m. Judicial staff mailed notice (kef, ) (Entered: 07/14/2005)

MOTION by Plaintiffs Javar Calvin, William Virble Moore, Charles Davis to bifurcate discovery (Flaxman, Kenneth) (Entered: 07/14/2005)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to bifurcate 39 before Honorable Robert W. Gettleman on 7/20/2005 at 09:15 AM. (Flaxman, Kenneth) (Entered: 07/14/2005)

MEMORANDUM by Javar Calvin, William Virble Moore, Charles Davis, Javar Calvin, William Virble Moore, Charles Davis in support of motion to stay discovery from individual class members pending cross-motions for summary judgment on liability (Flaxman, Kenneth) (Entered: 07/27/2005)

MINUTE entry before Judge Robert W. Gettleman : Motion hearing held on 7/28/2005 regarding motion to bifurcate 39 . Plaintiff's motion to stay discovery due by 7/27/2005. Responses due by 8/3/2005. Replies due by 8/10/2005. Ruling before Honorable Robert W. Gettleman set on 8/17/2005 at 11:00 AM. No notice (gds, ) (Entered: 07/28/2005)

MINUTE entry before Judge Michael T. Mason : Status hearing set for 8/16/05 at 9:00 a.m. is stricken. Judicial staff mailed notice (kef, ) (Entered: 08/02/2005)

RESPONSE by defendants Sheriff of Will County, Will County, Illinois to plaintiffs' motion to stay discovery from individual class members 39 ; Notice of filing. (hp, ) (Entered: 08/08/2005)

REPLY Memorandum in support of motion to stay discovery from individual class members, etc. (Flaxman, Kenneth) (Entered: 08/10/2005)

MINUTE entry before Judge Robert W. Gettleman : Plaintiff's motion to bifurcate 39 discovery is granted in part and denied in part. Discovery will be bifurcated between liability and damages subject to request by plaintiffs under R. 56(f). Plaintiff's motion for summary judgment is due by 8/31/2005. Response is due by 9/28/2005. Status hearing held on 8/17/2005 and continued to 10/6/2005 at 10:00 AM. No notice (gds, ) (Entered: 09/01/2005)

MOTION by Plaintiffs Javar Calvin, William Virble Moore, Charles Davis for partial summary judgment (Flaxman, Kenneth) (Entered: 08/31/2005)

pursuant to Local Rule 56.1 STATEMENT by Javar Calvin, William Virble Moore, Charles Davis (Flaxman, Kenneth) (Entered: 08/31/2005)

MEMORANDUM by Javar Calvin, William Virble Moore, Charles Davis in Support of motion for partial summary judgment 46 (Flaxman, Kenneth) (Entered: 08/31/2005)

MOTION by Defendants Sheriff of Will County, Will County, Illinois for extension of time to file response/reply to Plaintiffs' Motion for Summary Judgment (Clancy, Kevin) (Entered: 09/27/2005)

NOTICE of Motion by Kevin J. Clancy for presentment of motion for extension of time to file response/reply 50 before Honorable Robert W. Gettleman on 10/6/2005 at 10:00 AM. (Clancy, Kevin) (Entered: 09/27/2005)

MINUTE entry before Judge Robert W. Gettleman : Motion for extension of time to file response regarding MOTION by Plaintiffs Javar Calvin, William Virble Moore, Charles Davis for partial summary judgment 46 50 is granted. Responses due by 10/13/2005. Status hearing held and continued to 10/19/2005, at 10:30 a.m. Open court notice (gds, ) (Entered: 10/11/2005)

MOTION by Defendants Sheriff of Will County, Will County, Illinois to strike portions of Plaintiffs' Rule 56.1 Statement (Clancy, Kevin) (Entered: 10/13/2005)

NOTICE of Motion by Kevin J. Clancy for presentment of motion to strike 53 before Honorable Robert W. Gettleman on 10/19/2005 at 10:30 AM. (Clancy, Kevin) (Entered: 10/13/2005)

RESPONSE by Defendants Sheriff of Will County, Will County, Illinois to Plaintiffs' LR 56.1 Statement (Clancy, Kevin) (Entered: 10/13/2005)

MEMORANDUM by Sheriff of Will County, Will County, Illinois in Opposition to Plaintiffs' Motion for Summary Judgment (Clancy, Kevin) (Entered: 10/13/2005)

MINUTE entry before Judge Michael T. Mason : All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned judge. Judge Michael T. Mason no longer referred to the case. (kef, ) (Entered: 10/14/2005)

MINUTE entry before Judge Robert W. Gettleman : Set deadlines/hearing as to motion for partial summary judgment 46 :, Status hearing held on 10/19/2005. Replies due by 10/26/2005. Motion to strike is continued generally. Status hearing continued to 12/20/2005 at 09:00 AM. Open court notice (gds, ) (Entered: 11/02/2005)

REPLY memorandum by Javar Calvin, William Virble Moore, Charles Davisin Support of motion for summary judgment on liability 46 (Flaxman, Kenneth) Modified on 10/27/2005 (rbf, ). (Entered: 10/26/2005)

MINUTE entry before Judge Robert W. Gettleman: Memorandum opinion and order entered. Accordingly, plaintiffs' motion for partial summary judgment 46 is granted as to liability as to subclass I and subclass II. Defendant Sheriff's motion to strike portions of plaintiffs' L.R. 56.1 statement 53 is denied as moot. (For further detail see separate order) Mailed (vmj, ) (Entered: 12/23/2005)

MEMORANDUM Opinion and Order Signed by Judge Robert W. Gettleman on 12/16/2005(vmj, )

MINUTE entry before Judge Robert W. Gettleman : Status hearing held on 12/20/2005 Status hearing set for 2/1/2006 at 09:00 AM. Mailed notice (gds, ) (Entered: 12/20/2005)

MOTION by Defendants Sheriff of Will County, Will County, Illinois to amend/correct the Court's Memorandum Opinion and Order of December 16, 2005 to Include Certification for Interlocutory Appeal (Clancy, Kevin) (Entered: 01/20/2006)

NOTICE of Motion by Kevin J. Clancy for presentment of motion to amend/correct 63 before Honorable Robert W. Gettleman on 2/1/2006 at 09:00 AM. (Clancy, Kevin) (Entered: 01/20/2006)

STATEMENT in Support of Motion to Amend the Memorandum Opinion and Order of December 16, 2005 to Include Certification for Interlocutory Appeal (Clancy, Kevin) (Entered: 01/23/2006)

EXECUTIVE COMMITTEE ORDER: Case reassigned to Judge Virginia M. Kendall for all further proceedings. Signed by Executive Committee on 1/23/06. Mailed notice(cem, ) (Entered: 01/26/2006)

MINUTE entry before Judge Robert W. Gettleman : This case is being reassigned to the calendar of Judge Kendall. Status hearing date of 2/1/2006 before Judge Gettleman is stricken. Mailed notice (gds, ) (Entered: 01/24/2006)

MINUTE entry before Judge Virginia M. Kendall : Initial status hearing set for 2/8/06 at 11:00 a.m. before Judge Kendall in Courtroom 1719. By 2/1/06, counsel are directed to confer, prepare, and file a Joint Status Report as directed in the Order Requiring Status Report and Setting Status Hearing for Newly Assigned Cases to the Calendar of Judge Kendall. Mailed notice (gmr, ) (Entered: 01/25/2006)

Amended NOTICE of Motion by Kevin J. Clancy for presentment of motion to amend/correct 63 (Clancy, Kevin) (Entered: 01/26/2006)

Amended NOTICE of Motion by Kevin J. Clancy for presentment of motion to amend/correct 63 before Honorable Virginia M. Kendall on 2/2/2006 at 09:00 AM. (Clancy, Kevin) (Entered: 01/30/2006)

MINUTE entry before Judge Virginia M. Kendall : Motion hearing held. Briefing schedule set regarding motion to amend/correct 63 as follows: Response by 2/9/06. Reply by 2/16/06. Status hearing reset to 3/2/2006 at 09:00 AM. Mailed notice (gmr, ) (Entered: 02/02/2006)

MEMORANDUM by Javar Calvin, William Virble Moore, Charles Davis in Opposition to motion to amend/correct 63 and certify for interlocutory appeal (Flaxman, Kenneth) (Entered: 02/09/2006)

REPLY by Sheriff of Will County, Will County, Illinoisin Support of MOTION by Defendants Sheriff of Will County, Will County, Illinois to amend/correct the Court's Memorandum Opinion and Order of December 16, 2005 to Include Certification for Interlocutory Appeal 63 (Clancy, Kevin) (Entered: 02/16/2006)

MINUTE entry before Judge Virginia M. Kendall : Status hearing held. Ruling on pending motion(s) will be by mail. Mailed notice (gmr, ) (Entered: 03/02/2006)

MINUTE entry before Judge Virginia M. Kendall: For the reasons stated in the Memorandum Opinion and Order, defendants' motion to amend the memorandudm opinion and order dated 12/16/05 to include Certificate for Interlocutory Appeal 63 is granted. Accordingly, the court amends the order of 12/16/05 62 to permit interlocutory appeal pursuant to 28 U.S.C. 1292(b). Mailed (vmj, ) (Entered: 04/17/2006)

MEMORANDUM Opinion and Order signed by Judge Virginia M. Kendall on 4/14/2006(vmj, )

CERTIFIED copy of order from the USCA 7th Circuit dated 5/18/06, Appeal # 06-8015: The following are before the court: 1. Petition for permission to appeal, filed on 4/24/06, by counsel for the petitioners. 2. Answer to petition for permission to appeal, filed on 5/10/06, by counsel for the respondent. It is ordered that #1 is granted. Petitioners shall pay the required appellate fees to the clerk of the district court within ten days from the entry of this order purusant to Fed.R.App.P. 5(d)(1). Once the district court notifies this court that the fees have been paid, the appeal will be entered on this court's general docket and briefing will be set. (vmj, ) (Entered: 05/25/2006)

ACKNOWLEDGEMENT of receipt of short record on appeal; USCA Case no. 06-2487. (mjc, ) (Entered: 06/02/2006)

Circuit Rule 10(a) Request for Inclusion of Materials in Record on Appeal by Sheriff of Will County, Will County, Illinois (Clancy, Kevin) (Entered: 06/12/2006)

MOTION by Plaintiffs Javar Calvin, William Virble Moore, Charles Davis, Defendants Sheriff of Will County, Will County, Illinois to approve consent judgment (preliminary approval of class action settlement) (Flaxman, Kenneth) (Entered: 09/15/2006)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to approve consent judgment 80 before Honorable Virginia M. Kendall on 9/20/2006 at 09:00 AM. (Flaxman, Kenneth) (Entered: 09/15/2006)

MINUTE entry before Judge Virginia M. Kendall : Motion hearing held. Joint Motion for preliminary approval of class action settlement 80 is granted. Fairness hearing set for 11/17/2006 at 09:00 AM. Class members shall have until 11/10/2006 to object to the proposed settlement. Mailed notice (gmr, ) (Entered: 09/21/2006)

MEMORANDUM by Javar Calvin, William Virble Moore, Charles Davis in Support of Approval of Proposed Settlement (Flaxman, Kenneth) (Entered: 11/16/2006)

MINUTE entry before Judge Virginia M. Kendall : Fairness hearing held. The parties shall provide the Court with a draft final approval order for review and entry. Mailed notice (gmr, ) (Entered: 11/17/2006)

NOTICE to transmit the record from the USCA - 7th Circuit dated 11/16/06 re: appeal no. 06-2487: Pursuant to Circuit Rule 11(a), the entire record is to be transmitted to this court immediately for use in the decision in the above named cause. (vmj, ) (Entered: 11/22/2006)

MINUTE entry before Judge Virginia M. Kendall : Enter Order Approving Class Settlement. Mailed (vmj, ) (Entered: 11/28/2006)