Case: Arsberry v. State of Illinois

1:99-cv-02457 | U.S. District Court for the Northern District of Illinois

Filed Date: April 15, 1999

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On April 15, 1999, prisoners incarcerated by the Illinois Department of Corrections and individuals wishing to call such prisoners, filed a lawsuit in the U.S. District Court of the Northern District of Illinois under 42 U.S.C. § 1983; the Sherman Antitrust Act; the Telecommunications Act of 1996; and Illinois state law. The plaintiffs, represented by private counsel, the People's Law Offices, and the Equal Employment Opportunity Commission, filed the suit against the State of Illinois and vari…

On April 15, 1999, prisoners incarcerated by the Illinois Department of Corrections and individuals wishing to call such prisoners, filed a lawsuit in the U.S. District Court of the Northern District of Illinois under 42 U.S.C. § 1983; the Sherman Antitrust Act; the Telecommunications Act of 1996; and Illinois state law. The plaintiffs, represented by private counsel, the People's Law Offices, and the Equal Employment Opportunity Commission, filed the suit against the State of Illinois and various telecommunications companies. They claimed that the telephone service rates at various correctional facilities were exorbitant, in violation of the First, Fifth, and Fourteenth Amendments. The plaintiffs sought damages and injunctive relief against the phone companies and the state agencies responsible for the arrangements with the companies.

Many of the prisons and jails in Illinois grant one phone company the exclusive right to provide telephone service to the prisoners, in return for 50 percent of the revenues generated by the service. The plaintiffs' claimed that the prices were excessive and higher than necessary to cover the costs involved.

On March 22, 2000, Judge William Hibbler dismissed the suit, concluding that plaintiffs' claims were beyond the Court's jurisdiction by reason of the filed-rate and primary-jurisdiction doctrines. 117 F. Supp. 2d 743 (N.D. Ill. 2000). The Court found that the telecommunications statutes clearly assigned to the FCC and ICC the authority to determine the reasonableness of telecomm rates and that those agencies were experts in important ways that the Court was not. Plaintiffs appealed the decision and on March 19, 2001, in an opinion written by Judge Posner, the U.S. Court of Appeals for the Seventh Circuit modified and affirmed the District Court's decision. Arsberry v. Illinois, 244 F.3d 558 (7th Cir. 2001). The Court of Appeals found that plaintiffs' First Amendment claims lacked merit and that their remaining constitutional claims were barred by the filed-rate and primary-jurisdiction doctrines. On May 29, 2001, the Court of Appeals denied plaintiffs' motion for rehearing en banc and on December 3, 2001, the U.S. Supreme Court denied plaintiffs' petition for certiorari, Arsberry v. Illinois, 534 U.S. 1062 (2001).

Summary Authors

Nate West (10/9/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11034178/parties/arsberry-v-st-of-il/


Judge(s)
Attorney for Plaintiff

Bradtke, James G. (Illinois)

Attorney for Defendant

Ackerman, Julie Brown (Illinois)

Alexis, Geraldine M (California)

Blanchard, Patrick Malone (Illinois)

Blickensderfer, Matthew C (Ohio)

Documents in the Clearinghouse

Documents in this case

1:99-cv-02457

Docket (PACER)

Arsberry v. State of Illinois, et al.

Jan. 3, 2003

Jan. 3, 2003

Docket
97

1:99-cv-02457

Order

Arsberry v. State of Illinois, et al.

March 22, 2000

March 22, 2000

Order/Opinion

117 F.Supp.2d 743

98

1:99-cv-02457

Judgment in a Civil Case

March 22, 2000

March 22, 2000

Order/Opinion

00-01777

Reported Appellate Opinion

U.S. Court of Appeals for the Seventh Circuit

March 19, 2001

March 19, 2001

Order/Opinion

244 F.3d 558

01-00352

Memorandum decision - certiorari denied

Arsberry v. State of Illinois, et al.

Supreme Court of the United States

Dec. 3, 2001

Dec. 3, 2001

Order/Opinion

534 U.S. 1062

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11034178/arsberry-v-st-of-il/

Last updated July 19, 2026, 5:50 a.m.

ECF Number Date Description Link
1 April 15, 1999

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Stephen G. Seliger, Laurie S. Elkin, Michael Edward of Stephen G. Seliger, Laurie S. Elkin, Michael Edward Deutsch, James Gerard Bradtke as attorney(s) for plaintiffs Deutsch, James Gerard Bradtke as attorney(s) for plaintiffs 6 original and 6 copies summons(es) issued.) ( Documents: 6 original and 6 copies summons(es) issued.) ( Documents: 1-1 through 1-3) 1-1 through 1-3) (meg) (Entered: 04/19/1999)

RECAP
April 15, 1999

RECEIPT regarding payment of filing fee paid; on 4/15/99 in RECEIPT regarding payment of filing fee paid; on 4/15/99 in the amount of $ 150.00, receipt # 1042355. the amount of $ 150.00, receipt # 1042355. (meg)

2 April 28, 1999

ATTORNEY APPEARANCE for defendants by Richard John Siegel, ATTORNEY APPEARANCE for defendants by Richard John Siegel, Alexandra C. Buzanis Alexandra C. Buzanis (meg) (Entered: 05/03/1999)

RECAP
11 April 29, 1999

MOTION by defendant St of IL to extend time in which to MOTION by defendant St of IL to extend time in which to file responsive pleadings to plaintiffs' complaint ; Notice file responsive pleadings to plaintiffs' complaint ; Notice (meg) (Entered: 05/28/1999)

RECAP
3 May 5, 1999

AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding Willie Mae Haggard, Mary High, Sandy Markiewicz, Midwest Willie Mae Haggard, Mary High, Sandy Markiewicz, Midwest Ctr Justice, John C High, Rodney Nystrom, Mary Weekly, Ctr Justice, John C High, Rodney Nystrom, Mary Weekly, Dupage, Cty of, Kane, Cty of, Invision Telecom Dupage, Cty of, Kane, Cty of, Invision Telecom (meg) (Entered: 05/06/1999)

RECAP
4 May 5, 1999

ATTORNEY APPEARANCE for defendant MCI by Ross Benjamin ATTORNEY APPEARANCE for defendant MCI by Ross Benjamin Bricker, David Charles Layden Bricker, David Charles Layden (meg) (Entered: 05/06/1999)

RECAP
9 May 5, 1999

AGREED MOTION by defendant MCI to extend time to answer AGREED MOTION by defendant MCI to extend time to answer or otherwise plead to plaintiff's complaint ; Notice or otherwise plead to plaintiff's complaint ; Notice (yap) (Entered: 05/27/1999)

RECAP
May 5, 1999

SUMMONS issued as to defendants Dupage, Cty of, Kane, Cty SUMMONS issued as to defendants Dupage, Cty of, Kane, Cty of, Invision Telecom (Original and one copy) of, Invision Telecom (Original and one copy) (meg)

5 May 7, 1999

ATTORNEY APPEARANCE for defendant Cty of Cook by Paul ATTORNEY APPEARANCE for defendant Cty of Cook by Paul Anthony Castiglione, Patrick Malone Blanchard Anthony Castiglione, Patrick Malone Blanchard (mak) (Entered: 05/10/1999)

RECAP
10 May 7, 1999

MINUTE ORDER of 5/7/99 by Hon. Blanche M. Manning: Status MINUTE ORDER of 5/7/99 by Hon. Blanche M. Manning: Status hearing set for 5/28/99 at 11:00 a.m. Defendant's motion hearing set for 5/28/99 at 11:00 a.m. Defendant's motion to extend time to answer or otherwise plead to plaintiff's to extend time to answer or otherwise plead to plaintiff's complaint [9-1] is granted. Defendant MCI complaint [9-1] is granted. Defendant MCI Telecommunications shall answer or otherwise plead to the Telecommunications shall answer or otherwise plead to the complaint by 6/4/99. Mailed notice complaint by 6/4/99. Mailed notice (yap) (Entered: 05/27/1999)

RECAP
12 May 7, 1999

MINUTE ORDER of 5/7/99 by Hon. Blanche M. Manning : MINUTE ORDER of 5/7/99 by Hon. Blanche M. Manning : Defendants' motion to extend time in which to file Defendants' motion to extend time in which to file responsive pleadings to plaintiff's complaint [8-1], [11-1] responsive pleadings to plaintiff's complaint [8-1], [11-1] is granted. Defendants' shall answer or otherwise plead to is granted. Defendants' shall answer or otherwise plead to the complaint by 6/7/99. Telephoned notice the complaint by 6/7/99. Telephoned notice (meg) (Entered: 05/28/1999)

RECAP
6 May 19, 1999

ATTORNEY APPEARANCE for defendants Dupage, Cty of and Kane ATTORNEY APPEARANCE for defendants Dupage, Cty of and Kane and Cty of, Invision Telecom by Patricia Johnson Lord, and Cty of, Invision Telecom by Patricia Johnson Lord, Donald B. Jacqueline A. Morrison Donald B. Jacqueline A. Morrison (yap) (Entered: 05/20/1999)

RECAP
7 May 24, 1999

ATTORNEY APPEARANCE for defendant Evercom Systems Inc by ATTORNEY APPEARANCE for defendant Evercom Systems Inc by Geraldine M. Alexis, Matthew C. Blickensderfer Geraldine M. Alexis, Matthew C. Blickensderfer (meg) (Entered: 05/25/1999)

RECAP
8 May 24, 1999

JOINDER MOTION by defendant Evercom Systems Inc for entry JOINDER MOTION by defendant Evercom Systems Inc for entry of an agreed order extending time for defendants to respond of an agreed order extending time for defendants to respond to amended complaint ; Notice to amended complaint ; Notice (meg) (Entered: 05/25/1999)

RECAP
May 26, 1999

SCHEDULE set on 5/26/99 by Hon. Blanche M. Manning : SCHEDULE set on 5/26/99 by Hon. Blanche M. Manning : Status hearing set to 11:00 5/28/99 . Telephone notice Status hearing set to 11:00 5/28/99 . Telephone notice (fce)

14 May 28, 1999

ATTORNEY APPEARANCE for defendant Dupage, Cty of by Thomas ATTORNEY APPEARANCE for defendant Dupage, Cty of by Thomas F. Downing, Ellen L. Champagne F. Downing, Ellen L. Champagne (yap) (Entered: 06/03/1999)

RECAP
20 May 28, 1999

MINUTE ORDER of 5/28/99 by Hon. Blanche M. Manning : MINUTE ORDER of 5/28/99 by Hon. Blanche M. Manning : Defendants' motion for entry of an agreed order extending Defendants' motion for entry of an agreed order extending time for defendants to respond to amended complaint is time for defendants to respond to amended complaint is granted [19-1]. Leave is granted for appearance. All granted [19-1]. Leave is granted for appearance. All defendants shall answer or otherwise plead to the complaint defendants shall answer or otherwise plead to the complaint by 7/16/99. Telephoned notice by 7/16/99. Telephoned notice (meg) (Entered: 06/10/1999)

RECAP
21 May 28, 1999

ATTORNEY APPEARANCE for defendant AT&T by Roger Pascal, ATTORNEY APPEARANCE for defendant AT&T by Roger Pascal, Charles H. R. Peters, Julie Lynn Brown, Lois Lipton; Notice Charles H. R. Peters, Julie Lynn Brown, Lois Lipton; Notice (meg) (Entered: 06/10/1999)

RECAP
22 May 28, 1999

MINUTE ORDER of 5/28/99 by Hon. Blanche M. Manning : MINUTE ORDER of 5/28/99 by Hon. Blanche M. Manning : Status hearing held and continued to 8/6/99 at 11:00a.m. Status hearing held and continued to 8/6/99 at 11:00a.m. Preliminary injunction hearing is tentatively set for Preliminary injunction hearing is tentatively set for 9/27/99 at 9:30a.m. Limited discovery is allowed for ninety 9/27/99 at 9:30a.m. Limited discovery is allowed for ninety days, or 08/27/99. Mailed notice days, or 08/27/99. Mailed notice (dmkf) (Entered: 06/14/1999)

RECAP
13 June 3, 1999

MINUTE ORDER of 6/3/99 by Hon. Blanche M. Manning: Leave is MINUTE ORDER of 6/3/99 by Hon. Blanche M. Manning: Leave is granted for appearance. Mailed notice granted for appearance. Mailed notice (yap) (Entered: 06/03/1999)

RECAP
15 June 7, 1999

MINUTE ORDER of 6/7/99 by Hon. Blanche M. Manning : Leave MINUTE ORDER of 6/7/99 by Hon. Blanche M. Manning : Leave is granted for appearances for defendants Ameritech and is granted for appearances for defendants Ameritech and Consolidated Communications Public Services. No notice Consolidated Communications Public Services. No notice (meg) (Entered: 06/08/1999)

RECAP
16 June 7, 1999

ATTORNEY APPEARANCE for defendant Ameritech Svc Inc by ATTORNEY APPEARANCE for defendant Ameritech Svc Inc by Leslie M. Smith Leslie M. Smith (meg) (Entered: 06/08/1999)

RECAP
17 June 7, 1999

ATTORNEY APPEARANCE for defendant Consol Comm Public by ATTORNEY APPEARANCE for defendant Consol Comm Public by Gary Senner, Sanford Mark Pastroff Gary Senner, Sanford Mark Pastroff (meg) (Entered: 06/08/1999)

RECAP
18 June 8, 1999

MOTION by plaintiffs for preliminary injunction MOTION by plaintiffs for preliminary injunction (meg) (Entered: 06/08/1999)

RECAP
19 June 10, 1999

MOTION by defendants for entry of an agreed order MOTION by defendants for entry of an agreed order extending time for defendants to respond to amended extending time for defendants to respond to amended complaint ; Notice complaint ; Notice (meg) (Entered: 06/10/1999)

RECAP
23 June 23, 1999

PETITION by defendant for leave to appear pro hac vice; PETITION by defendant for leave to appear pro hac vice; Notice Notice (meg) (Entered: 06/25/1999)

RECAP
24 June 23, 1999

APPLICATION for leave to appear pro hac vice by Jay M. APPLICATION for leave to appear pro hac vice by Jay M. Vogelson for defendant Evercom Systems Inc ; Order entered Vogelson for defendant Evercom Systems Inc ; Order entered granting by Hon. Blanche M. Manning granting by Hon. Blanche M. Manning (meg) (Entered: 06/25/1999)

RECAP
28 June 28, 1999

MOTION by defendants Kane, Cty of, Dupage, Cty of to MOTION by defendants Kane, Cty of, Dupage, Cty of to dismiss plaintiffs' motion for preliminary injunction and dismiss plaintiffs' motion for preliminary injunction and to stay discovery ; Notice to stay discovery ; Notice (meg) (Entered: 07/14/1999)

RECAP
June 30, 1999

SCHEDULE set on 6/30/99 by Hon. Blanche M. Manning : SCHEDULE set on 6/30/99 by Hon. Blanche M. Manning : Noticed motion set for 10:00 7/2/99 No notice Noticed motion set for 10:00 7/2/99 No notice (fce)

29 July 2, 1999

MINUTE ORDER of 7/2/99 by Hon. Blanche M. Manning : Kane MINUTE ORDER of 7/2/99 by Hon. Blanche M. Manning : Kane and Dupage County's motion to stay discovery is denied and Dupage County's motion to stay discovery is denied [28-2]. Answer brief to Kane and Dupage County's motion to [28-2]. Answer brief to Kane and Dupage County's motion to dismiss plaintiffs' motion for preliminary injunction [28-1] dismiss plaintiffs' motion for preliminary injunction [28-1] due 7/23/99. Reply to answer brief due 7/30/99. Ruling on due 7/23/99. Reply to answer brief due 7/30/99. Ruling on Motion to dismiss will be by mail. Telephoned notice Motion to dismiss will be by mail. Telephoned notice (meg) Modified on 07/14/1999 (Entered: 07/14/1999)

RECAP
July 2, 1999

EXECUTIVE COMMITTEE ORDER of 07/02/99: Case reassigned to EXECUTIVE COMMITTEE ORDER of 07/02/99: Case reassigned to Hon. William J. Hibbler. Hon. William J. Hibbler. (nlf)

25 July 7, 1999

EMERGENCY MOTION by defendant St of IL to extend time to EMERGENCY MOTION by defendant St of IL to extend time to file responsive pleadings (Exhibits); Notice file responsive pleadings (Exhibits); Notice (meg) (Entered: 07/13/1999)

RECAP
26 July 9, 1999

AMENDED NOTICE by defendant St of IL of motion regarding AMENDED NOTICE by defendant St of IL of motion regarding motion to extend time to file responsive pleadings [25-1] motion to extend time to file responsive pleadings [25-1] (meg) (Entered: 07/13/1999)

RECAP
27 July 13, 1999

MINUTE ORDER of 7/13/99 by Hon. William J. Hibbler : MINUTE ORDER of 7/13/99 by Hon. William J. Hibbler : Defendant State of Illinois' emergency motion to extend Defendant State of Illinois' emergency motion to extend time to file responsive pleadings is granted [25-1]. time to file responsive pleadings is granted [25-1]. Plaintiffs have until 7/23/99 to file an amended complaint. Plaintiffs have until 7/23/99 to file an amended complaint. Defendants have until 8/20/99 to answer or otherwise plead. Defendants have until 8/20/99 to answer or otherwise plead. Mailed notice Mailed notice (meg) (Entered: 07/13/1999)

RECAP
30 July 23, 1999

AMENDED motion by plaintiffs for preliminary injunction AMENDED motion by plaintiffs for preliminary injunction [18-1]; Notice [18-1]; Notice (yap) (Entered: 07/26/1999)

RECAP
31 July 23, 1999

SECOND AMENDED COMPLAINT [3-1] by plaintiff; jury demand SECOND AMENDED COMPLAINT [3-1] by plaintiff; jury demand terminating defendant Evercom Systems Inc; adding Jamilah terminating defendant Evercom Systems Inc; adding Jamilah Fields, Brenetta Glass, June Dylla, Elizabeth Stewart, Fields, Brenetta Glass, June Dylla, Elizabeth Stewart, Lonnie Arsberry, John Below, Chris Brown, Justin Wilcox, Lonnie Arsberry, John Below, Chris Brown, Justin Wilcox, Maya Haggard, Nathson Fields, John L Markiewicz, Michael S Maya Haggard, Nathson Fields, John L Markiewicz, Michael S Schwarz, Donald N Snyder Jr; Notice Schwarz, Donald N Snyder Jr; Notice (meg) (Entered: 07/30/1999)

RECAP
July 23, 1999

SUMMONS issued as to defendants Donald N Snyder Jr, Michael SUMMONS issued as to defendants Donald N Snyder Jr, Michael S Schwarz (2 Originals and 2 copies) S Schwarz (2 Originals and 2 copies) (meg)

July 29, 1999

ALIAS SUMMONS issued as to defendants Michael S Schwarz, ALIAS SUMMONS issued as to defendants Michael S Schwarz, Donald N Snyder Jr (2 originals and 2 copies) Donald N Snyder Jr (2 originals and 2 copies) (meg)

32 Aug. 4, 1999

MINUTE ORDER of 8/4/99 by Hon. William J. Hibbler : This MINUTE ORDER of 8/4/99 by Hon. William J. Hibbler : This case having been reassigned to the calendar of Judge case having been reassigned to the calendar of Judge Hibbler, the status hearing set before Judge Manning is Hibbler, the status hearing set before Judge Manning is hereby stricken. All other dates set before Judge Manning, hereby stricken. All other dates set before Judge Manning, including the preliminary injunction hearing tentatively including the preliminary injunction hearing tentatively set for 09/27/99 and all discovery deadline dates are set for 09/27/99 and all discovery deadline dates are stricken. Mailed notice stricken. Mailed notice (tlm) (Entered: 08/06/1999)

RECAP
33 Aug. 10, 1999

ATTORNEY APPEARANCE for defendant Michael S Schwarz by ATTORNEY APPEARANCE for defendant Michael S Schwarz by Richard John Siegel, Alexandra C. Buzanis Richard John Siegel, Alexandra C. Buzanis (meg) (Entered: 08/11/1999)

RECAP
34 Aug. 13, 1999

ATTORNEY APPEARANCE for defendant Donald N Snyder Jr by ATTORNEY APPEARANCE for defendant Donald N Snyder Jr by Richard John Siegel, Alexandra C. Buzanis Richard John Siegel, Alexandra C. Buzanis (meg) (Entered: 08/16/1999)

RECAP
Aug. 18, 1999

SCHEDULE set on 8/18/99 by Hon. William J. Hibbler : SCHEDULE set on 8/18/99 by Hon. William J. Hibbler : Status hearing set to 9:15 9/1/99 before Judge Hibbler, in Status hearing set to 9:15 9/1/99 before Judge Hibbler, in Courtroom 1743. Parties are to comply with the attached Courtroom 1743. Parties are to comply with the attached status report on or before 8/30/99. Any briefing status report on or before 8/30/99. Any briefing schedules, discovery cutoff dates, final pretrial order schedules, discovery cutoff dates, final pretrial order dates, and trial dates established by the judge to whom dates, and trial dates established by the judge to whom this case was previously assigned are hereby reinstated and this case was previously assigned are hereby reinstated and will stand until further order by Judge Hibbler. Mailed will stand until further order by Judge Hibbler. Mailed notice notice (jdh)

35 Aug. 20, 1999

APPENDIX of authorities filed by telephone complany APPENDIX of authorities filed by telephone complany defendants' memorandum in support of their motion to defendants' memorandum in support of their motion to dismiss plaintiffs' motion for preliminary injunction dismiss plaintiffs' motion for preliminary injunction [28-1] (Attachments) [28-1] (Attachments) (fce) (Entered: 08/23/1999)

RECAP
36 Aug. 20, 1999

SUPPLEMENTAL memorandum by defendant AT&T in support of SUPPLEMENTAL memorandum by defendant AT&T in support of it's motion to dismiss (Attachments); Notice it's motion to dismiss (Attachments); Notice (yap) (Entered: 08/25/1999)

RECAP
38 Aug. 20, 1999

MOTION by defendants Ameritech Svc Inc, AT&T, MCI, Consol MOTION by defendants Ameritech Svc Inc, AT&T, MCI, Consol Comm Public to dismiss plaintiff's amended complaint ; Comm Public to dismiss plaintiff's amended complaint ; Notice Notice (meg) Modified on 09/07/1999 (Entered: 09/07/1999)

RECAP
39 Aug. 20, 1999

MEMORANDUM by defendants Ameritech Svc Inc, AT&T, MCI, MEMORANDUM by defendants Ameritech Svc Inc, AT&T, MCI, Consol Comm Public in support motion to dismiss plaintiff's Consol Comm Public in support motion to dismiss plaintiff's amended complaint [38-1] amended complaint [38-1] (meg) (Entered: 09/07/1999)

RECAP
40 Aug. 20, 1999

EXHIBITS by defendants Ameritech Svc Inc, AT&T, MCI, Consol EXHIBITS by defendants Ameritech Svc Inc, AT&T, MCI, Consol Comm Public motion to dismiss plaintiff's amended complaint Comm Public motion to dismiss plaintiff's amended complaint [38-1] [38-1] (meg) (Entered: 09/07/1999)

RECAP
42 Aug. 20, 1999

MOTION by government defendants St of IL, Cty of Cook, MOTION by government defendants St of IL, Cty of Cook, Dupage, Cty of, Kane, Cty of to extend the time within Dupage, Cty of, Kane, Cty of to extend the time within which to answer, move, or otherwise plead to plaintiffs' which to answer, move, or otherwise plead to plaintiffs' complaint ; Notice complaint ; Notice (meg) (Entered: 09/07/1999)

RECAP
44 Aug. 20, 1999

MOTION by telephone company defendants' AT&T, MCI, Consol MOTION by telephone company defendants' AT&T, MCI, Consol Comm Public for leave to extend page limit for motion to Comm Public for leave to extend page limit for motion to dismiss (Attachment); Notice dismiss (Attachment); Notice (meg) (Entered: 09/07/1999)

RECAP
46 Aug. 20, 1999

MOTION by plaintiffs for leave to file additional MOTION by plaintiffs for leave to file additional appearances counsel for Katie Arberry, et al. ; Notice appearances counsel for Katie Arberry, et al. ; Notice (meg) (Entered: 09/07/1999)

RECAP
Aug. 23, 1999

SCHEDULE set on 8/23/99 by Hon. William J. Hibbler : SCHEDULE set on 8/23/99 by Hon. William J. Hibbler : Status hearing reset to 9:15 8/31/99 . Mailed notice Status hearing reset to 9:15 8/31/99 . Mailed notice (jdh)

52 Aug. 27, 1999

MOTION by defendant AT&T for entry of stipulated MOTION by defendant AT&T for entry of stipulated protective order ; Notice protective order ; Notice (meg) (Entered: 09/10/1999)

RECAP
37 Aug. 30, 1999

STATUS REPORT by defendants STATUS REPORT by defendants (meg) (Entered: 09/02/1999)

RECAP
51 Aug. 30, 1999

STATUS REPORT by plaintiffs STATUS REPORT by plaintiffs (meg) (Entered: 09/10/1999)

RECAP
41 Aug. 31, 1999

MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : Defendants' motion to dismiss plaintiff's amended complaint Defendants' motion to dismiss plaintiff's amended complaint [38-1] is taken under advisement. Plaintiffs' to respond to [38-1] is taken under advisement. Plaintiffs' to respond to motion to dismiss plaintiff's amended complaint [38-1] by motion to dismiss plaintiff's amended complaint [38-1] by 10/5/99. Defendants' to reply by 11/3/99. Ruling by mail. 10/5/99. Defendants' to reply by 11/3/99. Ruling by mail. Discovery to proceed. Mailed notice Discovery to proceed. Mailed notice (meg) (Entered: 09/07/1999)

RECAP
43 Aug. 31, 1999

MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : Government defendants' motion to extend the time within Government defendants' motion to extend the time within which to answer, move, or otherwise plead to plaintiffs' which to answer, move, or otherwise plead to plaintiffs' complaint instanter is granted [42-1]. Mailed notice complaint instanter is granted [42-1]. Mailed notice (meg) (Entered: 09/07/1999)

RECAP
45 Aug. 31, 1999

MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : Telephone Company defendants' motion for leave to extend Telephone Company defendants' motion for leave to extend page limit for motion to dismiss is granted [44-1]. page limit for motion to dismiss is granted [44-1]. Government defendants' oral motion for leave to extend page Government defendants' oral motion for leave to extend page limit for motion to dismiss is granted. Status hearing limit for motion to dismiss is granted. Status hearing held; continued to 12/7/99 at 9:15 a.m. Mailed notice held; continued to 12/7/99 at 9:15 a.m. Mailed notice (meg) (Entered: 09/07/1999)

RECAP
47 Aug. 31, 1999

MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : Plaintiffs' motion for leave to file additional appearances Plaintiffs' motion for leave to file additional appearances of Paul Strauss and Carolyn E. Shapiro as counsel for of Paul Strauss and Carolyn E. Shapiro as counsel for plaintiffs' is granted [46-1]. Mailed notice plaintiffs' is granted [46-1]. Mailed notice (meg) (Entered: 09/07/1999)

RECAP
48 Aug. 31, 1999

ATTORNEY APPEARANCE for plaintiffs by Paul L. Strauss, Carl ATTORNEY APPEARANCE for plaintiffs by Paul L. Strauss, Carl Shapiro Shapiro (meg) (Entered: 09/07/1999)

RECAP
53 Aug. 31, 1999

MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : MINUTE ORDER of 8/31/99 by Hon. William J. Hibbler : AT&T's motion for entry of stipulated protective order is AT&T's motion for entry of stipulated protective order is granted [52-1]. (Enter Stipulated Protective Order). Mailed granted [52-1]. (Enter Stipulated Protective Order). Mailed notice notice (meg) (Entered: 09/10/1999)

RECAP
49 Sept. 1, 1999

MOTION by government defendants St of IL, Cty of Cook to MOTION by government defendants St of IL, Cty of Cook to dismiss plaintiffs' second amended complaint with dismiss plaintiffs' second amended complaint with memorandum in support (Attachments); Notice memorandum in support (Attachments); Notice (meg) (Entered: 09/07/1999)

RECAP
54 Sept. 3, 1999

MOTION by defendants St of IL, Donald N Snyder Jr, Michael MOTION by defendants St of IL, Donald N Snyder Jr, Michael S Schwarz to adopt status report filed by remaining S Schwarz to adopt status report filed by remaining defendants ; Notice defendants ; Notice (meg) (Entered: 09/10/1999)

RECAP
50 Sept. 7, 1999

NOTICE by plaintiffs of change of address NOTICE by plaintiffs of change of address (meg) (Entered: 09/09/1999)

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56 Sept. 8, 1999

APPLICATION for leave to appear pro hac vice by Jay M. APPLICATION for leave to appear pro hac vice by Jay M. Vogelson for defendant Invision Telecom ; Order entered Vogelson for defendant Invision Telecom ; Order entered granting leave by Hon. William J. Hibbler granting leave by Hon. William J. Hibbler (meg) (Entered: 09/10/1999)

RECAP
55 Sept. 9, 1999

MINUTE ORDER of 9/9/99 by Hon. William J. Hibbler : MINUTE ORDER of 9/9/99 by Hon. William J. Hibbler : Defendants State of Illinois, Snyder and Schwartz' motion Defendants State of Illinois, Snyder and Schwartz' motion to adopt status report filed by remaining defendants is to adopt status report filed by remaining defendants is granted [54-1]. Mailed notice granted [54-1]. Mailed notice (meg) (Entered: 09/10/1999)

RECAP
Sept. 17, 1999

SCHEDULE set on 9/17/99 by Hon. Blanche M. Manning : SCHEDULE set on 9/17/99 by Hon. Blanche M. Manning : Preliminary injunction hearing set before Judge Manning on Preliminary injunction hearing set before Judge Manning on 9/27/99 is hereby stricken. No notice 9/27/99 is hereby stricken. No notice (rth)

58 Sept. 30, 1999

MOTION by plaintiffs for extension of tome to file brief ; MOTION by plaintiffs for extension of tome to file brief ; Notice Notice (meg) (Entered: 10/06/1999)

RECAP
57 Oct. 5, 1999

LETTER from Robert L Matt Jr to Clerk of Court dated LETTER from Robert L Matt Jr to Clerk of Court dated 9/29/99 (Attachment) 9/29/99 (Attachment) (fce) (Entered: 10/06/1999)

RECAP
59 Oct. 5, 1999

MINUTE ORDER of 10/5/99 by Hon. William J. Hibbler : MINUTE ORDER of 10/5/99 by Hon. William J. Hibbler : Plaintiffs' motion for extension of time until 10/12/99 to Plaintiffs' motion for extension of time until 10/12/99 to file brief [58-1] in opposition to defendants' motions to file brief [58-1] in opposition to defendants' motions to dismiss 28, [38-1] [49-1]. Defendants reply briefs to be dismiss 28, [38-1] [49-1]. Defendants reply briefs to be filed by 11/10/99. Ruling by mail. Mailed notice filed by 11/10/99. Ruling by mail. Mailed notice (meg) (Entered: 10/06/1999)

RECAP
60 Oct. 12, 1999

MOTION by plaintiffs to file brief in excess of 15 pages ; MOTION by plaintiffs to file brief in excess of 15 pages ; Notice Notice (meg) (Entered: 10/21/1999)

RECAP
61 Oct. 19, 1999

MINUTE ORDER of 10/19/99 by Hon. William J. Hibbler : MINUTE ORDER of 10/19/99 by Hon. William J. Hibbler : Plaintiffs' motion to file brief in excess of 15 pages is Plaintiffs' motion to file brief in excess of 15 pages is granted [60-1]. Mailed notice granted [60-1]. Mailed notice (meg) (Entered: 10/21/1999)

RECAP
62 Oct. 19, 1999

MEMORANDUM by plaintiffs in opposition to defendants' MEMORANDUM by plaintiffs in opposition to defendants' motion to dismiss [28-1], [38-1], [49-1] (Attachments) motion to dismiss [28-1], [38-1], [49-1] (Attachments) (meg) (Entered: 10/21/1999)

RECAP
63 Nov. 10, 1999

SUPPLEMENTAL reply by defendant AT&T in support of its SUPPLEMENTAL reply by defendant AT&T in support of its motion to dismiss [38-1]; Notice motion to dismiss [38-1]; Notice (yap) (Entered: 11/10/1999)

RECAP
64 Nov. 10, 1999

REPLY memorandum by telephone company defendants' Ameritech REPLY memorandum by telephone company defendants' Ameritech Svc Inc, AT&T, MCI, Consol Comm Public in support of their Svc Inc, AT&T, MCI, Consol Comm Public in support of their motion to dismiss [38-1] motion to dismiss [38-1] (meg) (Entered: 11/23/1999)

RECAP
65 Nov. 10, 1999

APPENDIX filed by telephone company defendants' Ameritech APPENDIX filed by telephone company defendants' Ameritech Svc Inc, AT&T, MCI, Consol Comm Public to reply memorandum Svc Inc, AT&T, MCI, Consol Comm Public to reply memorandum in support of their motion to dismiss [64-1] (Attachments) in support of their motion to dismiss [64-1] (Attachments) (meg) (Entered: 11/23/1999)

RECAP
66 Nov. 10, 1999

NOTICE by defendants Ameritech Svc Inc, AT&T, MCI, Consol NOTICE by defendants Ameritech Svc Inc, AT&T, MCI, Consol Comm Public of motion Comm Public of motion (meg) (Entered: 12/02/1999)

RECAP
71 Nov. 10, 1999

MOTION by Telephone Company defendants Ameritech Svc Inc, MOTION by Telephone Company defendants Ameritech Svc Inc, AT&T, MCI, Consol Comm Public for leave to exceed page AT&T, MCI, Consol Comm Public for leave to exceed page limit for reply memorandum in support of their motion to limit for reply memorandum in support of their motion to dismiss dismiss (meg) (Entered: 12/08/1999)

RECAP
Nov. 18, 1999

SCHEDULE set on 11/18/99 by Hon. William J. Hibbler : SCHEDULE set on 11/18/99 by Hon. William J. Hibbler : Noticed motion set for 9:15 11/22/99 No notice Noticed motion set for 9:15 11/22/99 No notice (jdh)

67 Nov. 22, 1999

MINUTE ORDER of 11/22/99 by Hon. William J. Hibbler : MINUTE ORDER of 11/22/99 by Hon. William J. Hibbler : Telephone Company defendants' motion for leave to exceed Telephone Company defendants' motion for leave to exceed page limit for reply memorandum in support of their motion page limit for reply memorandum in support of their motion to dismiss and file instanter is granted. Mailed notice to dismiss and file instanter is granted. Mailed notice (meg) (Entered: 12/02/1999)

RECAP
68 Nov. 22, 1999

MOTION by government defendants Cty of Cook, Dupage, Cty MOTION by government defendants Cty of Cook, Dupage, Cty of, Kane, Cty of, Donald N Snyder Jr, Michael S Schwarz, St of, Kane, Cty of, Donald N Snyder Jr, Michael S Schwarz, St of IL to extend the time within which to file their reply of IL to extend the time within which to file their reply brief in support of their motion to dismiss plaintiffs' brief in support of their motion to dismiss plaintiffs' second amended complaint ; Notice second amended complaint ; Notice (meg) (Entered: 12/02/1999)

RECAP
70 Nov. 30, 1999

NOTICE by defendant Ameritech Service, Inc. of motion NOTICE by defendant Ameritech Service, Inc. of motion regarding motion for leave to exceed page limit for reply regarding motion for leave to exceed page limit for reply memorandum in support of their motion to dismiss. memorandum in support of their motion to dismiss. (dmkf) (Entered: 12/06/1999)

RECAP
Nov. 30, 1999

SCHEDULE set on 11/30/99 by Hon. William J. Hibbler : SCHEDULE set on 11/30/99 by Hon. William J. Hibbler : Noticed motion set for 9:15 12/1/99 No notice Noticed motion set for 9:15 12/1/99 No notice (jdh)

69 Dec. 1, 1999

MINUTE ORDER of 12/1/99 by Hon. William J. Hibbler : MINUTE ORDER of 12/1/99 by Hon. William J. Hibbler : Government defendants' motion to extend the time within Government defendants' motion to extend the time within which to file their reply brief in support of their motion which to file their reply brief in support of their motion to dismiss plaintiffs' second amended complaint is granted to dismiss plaintiffs' second amended complaint is granted [68-1]. Government defendants' oral motion to file their [68-1]. Government defendants' oral motion to file their brief in excess of fifteen pages, if necessary, is granted. brief in excess of fifteen pages, if necessary, is granted. Status hearing reset for 12/8/99 at 9:15 a.m. Mailed Status hearing reset for 12/8/99 at 9:15 a.m. Mailed notice notice (meg) (Entered: 12/02/1999)

RECAP
74 Dec. 3, 1999

MOTION by plaintiff to strike section III (B) of the reply MOTION by plaintiff to strike section III (B) of the reply memorandum of the telephone company defendants or, in the memorandum of the telephone company defendants or, in the alternative, for leave to file instant sur-reply ; Notice alternative, for leave to file instant sur-reply ; Notice (meg) (Entered: 12/09/1999)

RECAP
72 Dec. 6, 1999

MINUTE ORDER of 12/6/99 by Hon. William J. Hibbler : MINUTE ORDER of 12/6/99 by Hon. William J. Hibbler : Telephone Company defendants' motion for leave to exceed Telephone Company defendants' motion for leave to exceed page limit to its reply memorandum in support of their page limit to its reply memorandum in support of their motion to dismiss is granted [71-1]. No notice motion to dismiss is granted [71-1]. No notice (meg) (Entered: 12/08/1999)

RECAP
73 Dec. 6, 1999

REPLY by telephone company defendants' Ameritech Svc Inc, REPLY by telephone company defendants' Ameritech Svc Inc, AT&T, MCI, Consol Comm Public in support of their motion to AT&T, MCI, Consol Comm Public in support of their motion to dismiss plaintiff's amended complaint [38-1] dismiss plaintiff's amended complaint [38-1] (meg) (Entered: 12/08/1999)

RECAP
75 Dec. 8, 1999

MINUTE ORDER of 12/8/99 by Hon. William J. Hibbler : MINUTE ORDER of 12/8/99 by Hon. William J. Hibbler : Plaintiffs' motion to strike section III (B) of the reply Plaintiffs' motion to strike section III (B) of the reply memorandum of the telephone company defendants is denied memorandum of the telephone company defendants is denied [74-1]. The alternative motion for leave to file instant [74-1]. The alternative motion for leave to file instant sur-reply is granted [74-2]. Status hearing date of sur-reply is granted [74-2]. Status hearing date of 12/8/99 is stricken. Mailed notice 12/8/99 is stricken. Mailed notice (meg) (Entered: 12/09/1999)

RECAP
76 Dec. 8, 1999

REPLY brief by Government defendants in support of their REPLY brief by Government defendants in support of their motion to dismiss plaintiffs' second amended complaint motion to dismiss plaintiffs' second amended complaint [49-1] [49-1] (yap) (Entered: 12/09/1999)

RECAP
77 Dec. 15, 1999

MOTION by defendants Ameritech Svc Inc, AT&T, MCI, Consol MOTION by defendants Ameritech Svc Inc, AT&T, MCI, Consol Comm Public for leave to file Telephone Company Comm Public for leave to file Telephone Company defendants' resposne to plaintiffs' sur-reply instanter defendants' resposne to plaintiffs' sur-reply instanter (meg) (Entered: 12/16/1999)

RECAP
78 Dec. 28, 1999

MINUTE ORDER of 12/28/99 by Hon. William J. Hibbler : MINUTE ORDER of 12/28/99 by Hon. William J. Hibbler : Defendants' motion for leave to file Telephone Company Defendants' motion for leave to file Telephone Company defendants' resposne to plaintiffs' sur-reply instanter is defendants' resposne to plaintiffs' sur-reply instanter is granted [77-1]. Mailed notice granted [77-1]. Mailed notice (meg) (Entered: 12/29/1999)

RECAP
79 Dec. 29, 1999

TRANSCRIPT of proceedings for the following date(s): TRANSCRIPT of proceedings for the following date(s): 5/28/99 Before Honorable Blanche M. Manning 5/28/99 Before Honorable Blanche M. Manning (meg) (Entered: 12/29/1999)

RECAP
81 Jan. 14, 2000

MOTION by defendant AT&T to submit additional authority MOTION by defendant AT&T to submit additional authority (Attachments); Notice of motion (Attachments); Notice of motion (eav) (Entered: 01/21/2000)

RECAP
80 Jan. 19, 2000

RESPONSE by plaintiffs to AT&T's motion to submit RESPONSE by plaintiffs to AT&T's motion to submit additional authority (Attachment) additional authority (Attachment) (yap) (Entered: 01/19/2000)

RECAP
82 Jan. 20, 2000

MINUTE ORDER of 1/20/00 by Hon. William J. Hibbler : MINUTE ORDER of 1/20/00 by Hon. William J. Hibbler : Plaintiff's motion for leave to file additional authority Plaintiff's motion for leave to file additional authority is granted. [81-1] Mailed notice is granted. [81-1] Mailed notice (eav) (Entered: 01/21/2000)

RECAP
84 Jan. 27, 2000

MOTION by plaintiffs for leave to file complaint in Brock MOTION by plaintiffs for leave to file complaint in Brock vs. Robinson (Attachment); Notice vs. Robinson (Attachment); Notice (yap) (Entered: 02/02/2000)

RECAP
83 Jan. 31, 2000

OPPOSITION by defendant AT&T to plaintiff's motion for OPPOSITION by defendant AT&T to plaintiff's motion for leave to file complaint in Brock vs. Robinson; Notice leave to file complaint in Brock vs. Robinson; Notice (yap) (Entered: 02/01/2000)

RECAP
85 Feb. 1, 2000

MINUTE ORDER of 2/1/00 by Hon. William J. Hibbler: MINUTE ORDER of 2/1/00 by Hon. William J. Hibbler: Plaintiffs' motion for leave to file complaint in Brock vs. Plaintiffs' motion for leave to file complaint in Brock vs. Robinson [84-1] is granted. Mailed notice Robinson [84-1] is granted. Mailed notice (yap) (Entered: 02/02/2000)

RECAP
86 Feb. 23, 2000

ATTORNEY APPEARANCE for plaintiffs by Patrick Daley Dolan; ATTORNEY APPEARANCE for plaintiffs by Patrick Daley Dolan; Notice of filing. Notice of filing. (dmkf) (Entered: 02/24/2000)

RECAP
90 Feb. 25, 2000

MOTION by Telephone Company defendants' motion for leave MOTION by Telephone Company defendants' motion for leave to submit supplemental authority (Attachments); Notice to submit supplemental authority (Attachments); Notice (yap) (Entered: 03/02/2000)

RECAP
87 Feb. 29, 2000

ATTORNEY APPEARANCE for defendant Dupage, Cty of by Paul ATTORNEY APPEARANCE for defendant Dupage, Cty of by Paul Francis Bruckner Francis Bruckner (yap) (Entered: 03/01/2000)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 15, 1999

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners and those wishing to have telephone contact with them challenging the fairness of collect call telephone rates

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Illinois

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Northern District of Illinois 1:99-cv-02457

Supreme Court of the United States 01-352

U.S. Court of Appeals for the Seventh Circuit 00-01777

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Phone

Recommended Citation