Case: Jones v. Bowen

1:87-cv-07419 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 3, 1987

Closed Date: 1992

Clearinghouse coding complete

Case Summary

On September 3, 1987, three aliens and two U.S. citizens filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois to challenge the Secretary of Health and Human Services' "no process policy" with regard to the issuance of new social security numbers and duplicated cards. Plaintiffs alleged that the Secretary denied their requests for original and new social security numbers or duplicate cards without notice and hearing in violation of the Due Process Clause…

On September 3, 1987, three aliens and two U.S. citizens filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois to challenge the Secretary of Health and Human Services' "no process policy" with regard to the issuance of new social security numbers and duplicated cards. Plaintiffs alleged that the Secretary denied their requests for original and new social security numbers or duplicate cards without notice and hearing in violation of the Due Process Clause of the Fifth Amendment and the Social Security Act.

The government moved to dismiss the case for lack of jurisdiction and lack of standing. It further requested that the case be stayed pending ruling on its motion. The District Court (Judge Suzanne B. Conlon) denied the request for a stay. Jones v. Bowen, 1988 WL 48237 (N.D.Ill. 1988).

The case was certified as a class action on July 21, 1988. Jones v. Bowen, 121 F.R.D. 344 (N.D.Ill.1988). Shortly thereafter, the District Court (Judge Suzanne B. Conlon) denied government's motion to dismiss and also denied plaintiffs' request for a preliminary injunction. Jones v. Bowen, 692 F.Supp. 887 (N.D.Ill.1988).

Discovery ensued and the parties then filed cross-motions for summary judgment. By order dated August 8, 1989, the Court entered judgment in favor of the plaintiffs and against the government. The Court held that government's failure to provide written reasons for adverse SSN decisions and notice of the right to appeal violated the Social Security Act, 42 U.S.C. § 405(c) and (g). Jones v. Bowen, 1989 WL 91865

(N.D.Ill. 1989). The government appealed.

On appeal the Court of Appeals for the Seventh Circuit (Judge Harlington Wood, Jr.) held that case was moot because the named plaintiffs had received new social security numbers and duplicate social security number cards before class certification. The Court of Appeals vacated the judgment and remanded the case back to the district court with the instructions to dismiss. Jones v. Sullivan 938 F.2d 801 (7th Cir. 1991).

On remand, plaintiffs moved to dismiss named plaintiffs and to intervene to file and amended complaint with substituted plaintiffs. The outcome of that motion is not clear from the PACER docket, but it is presumed that plaintiffs' motion was denied as the District Court entered judgment on February 18, 1992 and closed the case.

Summary Authors

Erica Woodruff (8/20/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4607657/parties/jones-v-bowen/


Judge(s)

Coffey, John Louis (Wisconsin)

Conlon, Suzanne B. (Illinois)

Cummings, Jeffrey Irvine (Illinois)

Wood, Harlington Jr. (Illinois)

Attorneys(s) for Plaintiff

Alvarez, Alicia (Illinois)

Antolin, Joseph A. (Illinois)

Coursey, Steven (Illinois)

Gilbert, Jeffrey (Illinois)

Preston, Guadalupe J. (Illinois)

Villasenor, JoAnn F. (Illinois)

Judge(s)

Coffey, John Louis (Wisconsin)

Conlon, Suzanne B. (Illinois)

Cummings, Jeffrey Irvine (Illinois)

Wood, Harlington Jr. (Illinois)

Attorneys(s) for Plaintiff

Alvarez, Alicia (Illinois)

Antolin, Joseph A. (Illinois)

Coursey, Steven (Illinois)

Gilbert, Jeffrey (Illinois)

Preston, Guadalupe J. (Illinois)

Villasenor, JoAnn F. (Illinois)

Attorneys(s) for Defendant

Biddle, Barbara C. (District of Columbia)

Bolton, John R. (District of Columbia)

Chambers, Felicia L. (District of Columbia)

Gerson, Stuart M. (District of Columbia)

Kanter, William (District of Columbia)

Koppel, John S. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Maier, Peter R. (District of Columbia)

Marutzky, Eileen J. (Illinois)

Raphaelson, Ira H. (Illinois)

Valukas, Anton R. (Illinois)

Documents in the Clearinghouse

Document

Docket (PACER)

Feb. 18, 1992 Docket

Opinion

1988 WL 48237, 1988 U.S.Dist.LEXIS 4168

May 9, 1988 Order/Opinion

Opinion

121 F.R.D. 344, 1988 U.S.Dist.LEXIS 7984

July 21, 1988 Order/Opinion

Opinion

692 F.Supp. 887

Aug. 2, 1988 Order/Opinion

Opinion

1988 WL 105343, 1988 U.S.Dist.LEXIS 11162

Oct. 3, 1988 Order/Opinion

Order

Jones v. Sullivan

1989 WL 91865, 1989 U.S.Dist.LEXIS 9526

Aug. 8, 1989 Order/Opinion

Order

Jones v. Sullivan

1990 WL 16837, 1990 U.S.Dist.LEXIS 789

Jan. 25, 1990 Order/Opinion

Order

Jones v. Sullivan

1990 WL 119632, 1990 U.S.Dist.LEXIS 10559

Aug. 14, 1990 Order/Opinion

Appellate Opinion

Jones v. Sullivan

U. S. Court of Appeals for the Seventh Circuit

938 F.2d 801

Aug. 5, 1991 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4607657/jones-v-bowen/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
199

MOTION by plaintiffs to lift stay for class member Brandi Jones (Exhibits); notice of motion. (fce) (Entered: 02/13/1991)

Feb. 12, 1991 PACER
200

MINUTE ORDER of 2/12/91 before Honorable Suzanne B. Conlon : withdrawing motion to lift stay for class member Brandi Jones [199-1] Notice not mailed. (fce) (Entered: 02/13/1991)

Feb. 12, 1991 PACER
201

LETTER from the USCA for the 7th Circuit Court returning the complete record on appeal, consisting of: 3 vols. pleadings; 1 loose pleading; 1 vol. of transcripts; 2 in camera material. (tlm) (Entered: 09/05/1991)

Sept. 3, 1991 PACER
202

OPINION from the USCA for the 7th Circuit Court argued 01/17/91 ; decided 08/05/91 in appeal #90-1683 & 90-1976. (tlm) (Entered: 09/05/1991)

Sept. 3, 1991 PACER
203

CERTIFIED COPY of order from the USCA for the 7th Circuit entered 08/05/91 : It is ordered and adjudged vacating and remanding with instructions to dismiss. Each party to bear its own costs [90-1683 and 90-1976] case. (tlm) (Entered: 09/05/1991)

Sept. 3, 1991 PACER
204

MOTION of Gilberto Ortiz-Huaroco adn Juliana Ortiz to intervene, to file amended complaint on their own behalv and on behalf of previously certified class, to enter a new final judgment order judgment, to exempt Ortiz-Huaroco and Ortiz from any staf of new judgment, or, in the alternative for preliminary injunction orderinga hearing ; notice of motion (Exhibits). (tlm) (Entered: 10/04/1991)

Oct. 2, 1991 PACER
205

MINUTE ORDER of 10/2/91 by Hon. Suzanne B. Conlon : Filed motion to intervene and dismiss named plaintiffs [204-1]; motion to file amended complaint on their own behalf and on behalf of previously certified class [204-2]; motion to enter a new final judgment order judgment [204-3] motion to exempt Ortiz-Huaroco and Ortiz from any staf of new judgment [204-4]; motion for preliminary injunction ordering a hearing [204-5]. Motion taken under advisement. Defendant is given to 10/22/91 to file a response. Court will rule by mail. Mailed notice (tlm) (Entered: 10/04/1991)

Oct. 2, 1991 PACER
206

AGREED MOTION by defendant for extension of time to serve an opposition to plaintiffs' motion to dismiss named plaintiffs, to intervene and to file an amended complaint ; notice of motion. (fce) (Entered: 10/30/1991)

Oct. 29, 1991 PACER
207

MINUTE ORDER of 10/29/91 by Hon. Suzanne B. Conlon : granting motion for extension of time to serve an opposition to plaintiffs' motion to dismiss named plaintiffs, to intervene and to file an amended complaint [206-1] Mailed notice (fce) (Entered: 10/30/1991)

Oct. 29, 1991 PACER
208

MOTION by defendant for one-week extension of time to serve brief . (tlm) (Entered: 11/07/1991)

Nov. 5, 1991 PACER
209

NOTICE by defendant regarding motion for one-week extension of time to serve brief [208-1] (tlm) (Entered: 11/07/1991)

Nov. 5, 1991 PACER
210

MINUTE ORDER of 11/5/91 by Hon. Suzanne B. Conlon : Filed defendant's agreed motion for one-week extension of time to serve brief. Motion is granted. [208-1] Telephone notice (tlm) (Entered: 11/07/1991)

Nov. 5, 1991 PACER
211

DECLARATION of Janet M. Charney. (tlm) (Entered: 11/08/1991)

Nov. 7, 1991 PACER
212

NOTICE by defendant regarding declaration [211-1] (tlm) (Entered: 11/08/1991)

Nov. 7, 1991 PACER
213

MOTION by plaintiffs to stay briefing and consideration plaintiffs' motion to dismiss named plaintiffs, to intervene to file and amended complaint, to enter a new final judgment, to exempt new plaintiffs from a stay, or, to enter a preliminary injunction, and dismissal of action in accordance with the Court of Appeals' mandate. (tlm) (Entered: 11/14/1991)

Nov. 13, 1991 PACER
214

NOTICE by plaintiff regarding motion to stay briefing and consideration plaintiffs' motion to dismiss named plaintiffs, to intervene to file and amended complaint, to enter a new final judgment, to exempt new plaintiffs from a stay, or, to enter a preliminary injunction [213-1], regarding motion dismissal of action in accordance with the Court of Appeals' mandate. [213-2] (tlm) (Entered: 11/14/1991)

Nov. 13, 1991 PACER
215

MEMORANDUM by plaintiff in support of motion to stay briefing and consideration plaintiffs' motion to dismiss named plaintiffs, to intervene to file and amended complaint, to enter a new final judgment, to exempt new plaintiffs from a stay, or, to enter a preliminary injunction [213-1], of motion dismissal of action in accordance with the Court of Appeals' mandate (Exhibits). [213-2] (tlm) (Entered: 11/14/1991)

Nov. 13, 1991 PACER
216

MINUTE ORDER of 11/13/91 by Hon. Suzanne B. Conlon : Defendant's motion to stay briefing is denied. [213-1] Defendant's motion to dismiss shall stand as his response to the motion to intervene. [213-2] Plaintiff's oral motion to conduct limited discovery is granted as outlined in open court. Plaintiff's oral motion for leave to file a reply 14 days after discovery is answered is granted. Mailed notice (tlm) (Entered: 11/14/1991)

Nov. 13, 1991 PACER
217

MOTION by Juliana Ortiz & Gilberto Ortiz-Huaroco to extend time to file a reply in support of their motion to intervene ; notice of motion. (tlm) (Entered: 12/27/1991)

Dec. 26, 1991 PACER
218

MINUTE ORDER of 12/26/91 by Hon. Suzanne B. Conlon : Granting motion to extend time to file a reply in support of their motion to intervene. [217-1] Plaintiff's are given to 1/13/92 to file their reply. Mailed notice (tlm) (Entered: 12/27/1991)

Dec. 26, 1991 PACER
219

REPLY MEMORANDUM by plaintiffs' in support of motion to intervene [204-1], motion to file amended complaint on their own behalv and on behalf of previously certified class [204-2], motion to enter a new final judgment order judgment [204-3] (Exhibits). (tlm) (Entered: 01/14/1992)

Jan. 13, 1992 PACER
220

AGREED MOTION by defendant for leave to file reply brief ; notice of motion. (fce) (Entered: 01/24/1992)

Jan. 23, 1992 PACER
221

MINUTE ORDER of 1/23/92 by Hon. Suzanne B. Conlon : granting motion for leave to file reply brief until 01/29/92 [220-1]. No further extensions will be allowed. Mailed notice (fce) (Entered: 01/24/1992)

Jan. 23, 1992 PACER
222

REPLY by defendant in support of defendant's motion to dismiss and in opposition to proposed intervenors' motion to inter alia intervene (Exhibits). (tlm) (Entered: 02/03/1992)

Jan. 30, 1992 PACER
223

REPLY by defendant in opposition to porposed intervenors' motions to inter alia, intervene [204-1] and in support of defendants motion to dismiss. [222-1] (tlm) (Entered: 02/03/1992)

Jan. 30, 1992 PACER
224

DECLARATION of Jerald Strauss (Exhibits). (tlm) (Entered: 02/11/1992)

Feb. 6, 1992 PACER
225

NOTICE OF FILING by defendant regarding declaration [224-1] (tlm) (Entered: 02/11/1992)

Feb. 6, 1992 PACER
226

ENTERED JUDGMENT (tlm) (Entered: 02/20/1992)

Feb. 18, 1992 PACER

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 3, 1987

Closing Date: 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of workers, represented by three aliens and two U.S. citizens, who had or would be denied social security numbers without notice or hearing by the Department of Health and Human Services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Health and Human Services , Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights

Employment

Undocumented immigrants - rights and duties