Case: Young v. County of Cook

Young v. Cook County

Young v. Cook County

Young v. Cook County

Young v. Cook County

COMPLAINT filed by Kim Young, Ronald Johnson; Jury Demand.(mjc, ) (Entered: 01/31/2006)

CIVIL Cover Sheet. (mjc, ) (Entered: 01/31/2006)

ATTORNEY Appearance for Plaintiffs Kim Young, Ronald Johnson by Michael I Kanovitz. (mjc, ) (Entered: 01/31/2006)

ATTORNEY Appearance for Plaintiffs Kim Young, Ronald Johnson by Arthur R. Loevy. (mjc, ) (Entered: 01/31/2006)

ATTORNEY Appearance for Plaintiffs Kim Young, Ronald Johnson by Samantha Anne Liskow. (mjc, ) (Entered: 01/31/2006)

ATTORNEY Appearance for Plaintiffs Kim Young, Ronald Johnson by Jonathan I. Loevy. (mjc, ) (Entered: 01/31/2006)

SUMMONS Issued as to Defendants County of Cook, Michael Sheahan, Callie Baird, Scott Kurdovich, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky. (mjc, ) (Entered: 01/31/2006)

SUMMONS Returned Executed by Kim Young, Ronald Johnson as to County of Cook on 1/31/2006, answer due 2/21/2006. (Kanovitz, Michael) (Entered: 01/31/2006)

SUMMONS Returned Executed by Kim Young, Ronald Johnson as to Michael Sheahan on 1/31/2006, answer due 2/21/2006. (Kanovitz, Michael) (Entered: 01/31/2006)

SUMMONS Returned Executed by Kim Young, Ronald Johnson as to Steven Martin, Jr on 1/31/2006, answer due 2/21/2006. (Kanovitz, Michael) (Entered: 01/31/2006)

SUMMONS Returned Executed by Kim Young, Ronald Johnson as to Scott Kurdovich on 1/31/2006, answer due 2/21/2006. (Kanovitz, Michael) (Entered: 01/31/2006)

ALIAS Summons Issued as to Scott Kurdovich, Steven Martin, Jr, Leonard R Bersky. (mjc, ) (Entered: 02/02/2006)

SUMMONS Returned Executed by Kim Young, Ronald Johnson (Liskow, Samantha) (Entered: 02/20/2006)

MINUTE entry before Judge Matthew F. Kennelly :Status hearing set to 9:00 a.m. on 4/10/2006 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/JUDGE/KENNELLY/mfkpage.htm. Counsel for plaintiff (s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that summons has been or is being served on each defendant Mailed notice (or, ) (Entered: 02/24/2006)

AMENDED complaint by Kim Young against all defendants also adding William Jones, Plaintiff (Kanovitz, Michael) (Entered: 02/27/2006)

NOTICE by Kim Young re amended complaint 16 (Kanovitz, Michael) (Entered: 02/27/2006)

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Daniel Francis Gallagher (Gallagher, Daniel) (Entered: 03/07/2006)

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich (Gallagher, Daniel) (Entered: 03/07/2006)

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Lawrence S. Kowalczyk (Kowalczyk, Lawrence) (Entered: 03/07/2006)

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich (Kowalczyk, Lawrence) (Entered: 03/07/2006)

MOTION by Defendants Michael Sheahan, Callie Baird, Scott Kurdovich for extension of time to respond to First Amended Complaint (Kowalczyk, Lawrence) (Entered: 03/07/2006)

NOTICE of Motion by Lawrence S. Kowalczyk for presentment of motion for extension of time 22 before Honorable Matthew F. Kennelly on 3/15/2006 at 09:30 AM. (Kowalczyk, Lawrence) (Entered: 03/07/2006)

ATTORNEY Appearance for Defendants County of Cook, Steven Martin, Jr, Leonard R Bersky by Francis J. Catania Assistant State's Attorney (Catania, Francis) (Entered: 03/07/2006)

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Terrence Franklin Guolee (Guolee, Terrence) (Entered: 03/10/2006)

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re attorney appearance 25 (Guolee, Terrence) (Entered: 03/10/2006)

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Daniel A. Kirk (Kirk, Daniel) (Entered: 03/10/2006)

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re attorney appearance 27 (Kirk, Daniel) (Entered: 03/10/2006)

MOTION by Defendants County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky for extension of time to file answer or otherwise plead (Catania, Francis) (Entered: 03/14/2006)

NOTICE of Motion by Francis J. Catania for presentment of motion for extension of time to file answer 29 before Honorable Matthew F. Kennelly on 4/10/2006 at 09:00 AM. (Catania, Francis) (Entered: 03/14/2006)

MINUTE entry before Judge Matthew F. Kennelly : Defendants' motion for additional time 22 is granted. Response to complaint is to be filed by 4/12/06. Mailed notice (mjc, ) (Entered: 03/20/2006)

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Lawrence S. Kowalczyk (Kowalczyk, Lawrence) (Entered: 03/30/2006)

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re attorney appearance 32 (Kowalczyk, Lawrence) (Entered: 03/30/2006)

SECOND AMENDED complaint by Kim Young, William Jones, Ronald Johnson against all plaintiffs Defendants (Kanovitz, Michael) (Entered: 03/31/2006)

NOTICE by all plaintiffs re amended complaint 34 (Kanovitz, Michael) (Entered: 03/31/2006)

MINUTE entry before Judge Matthew F. Kennelly : Motion for extension of time to answer 29 is granted. Status hearing pursuant to Rule 16(b) held with attorneys for all parties. Rule 26(a)(1) disclosures are to be made by 5/8/2006. Dicovery is stayed pending the next status hearing. Status hearing continued to 5/11/2006 at 09:30 AM. (or, ) (Entered: 04/14/2006)

MOTION by Defendants David Fagus, County of Cook, Steven Martin, Jr to dismiss the Second Amended Complaint (Catania, Francis) (Entered: 05/05/2006)

NOTICE of Motion by Francis J. Catania for presentment of motion to dismiss 37 before Honorable Matthew F. Kennelly on 5/11/2006 at 09:00 AM. (Catania, Francis) (Entered: 05/05/2006)

MOTION by Defendants Michael Sheahan, Callie Baird, Scott Kurdovich to dismiss plaintiff's second amended complaint (Gallagher, Daniel) (Entered: 05/08/2006)

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion to dismiss 39 before Honorable Matthew F. Kennelly on 5/11/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 05/08/2006)

MOTION by Defendants Michael Sheahan, Callie Baird, Scott Kurdovich for leave to file brief in excess of 15 pages (Gallagher, Daniel) (Entered: 05/08/2006)

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for leave to file 41 before Honorable Matthew F. Kennelly on 5/11/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 05/08/2006)

MEMORANDUM by Michael Sheahan, Callie Baird, Scott Kurdovich in Support of motion to dismiss 39 (Gallagher, Daniel) (Entered: 05/08/2006)

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re memorandum in support of motion 43 (Gallagher, Daniel) (Entered: 05/08/2006)

ATTORNEY Appearance for Defendant County of Cook by Dominick L Lanzito (Lanzito, Dominick) (Entered: 05/11/2006)

MINUTE entry before Judge Matthew F. Kennelly : Plaintiffs' response to defendants' motion to dismiss 37, 39 is to be filed by 6/8/06. Replies are to be filed by 6/22/06. Ruling will be made by mail. Status hearing of 5/11/06 is vacated. Mailed notice (mjc, ) (Entered: 05/15/2006)

ATTORNEY Appearance for Defendants Karen Scott, Daniel Winship, Ruth Rothenstein, Leonard R Bersky by Francis J. Catania (Catania, Francis) (Entered: 05/22/2006)

MOTION by Plaintiff Kim Young for leave to file excess pages Response to Defendants' Motions to Dismiss (Attachments: # 1 Exhibit Oversized Response Brief)(Kanovitz, Michael) (Entered: 06/08/2006)

2 Exhibit Oversized Response Brief

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NOTICE of Motion by Michael I Kanovitz for presentment of motion for leave to file excess pages 48 before Honorable Matthew F. Kennelly on 6/13/2006 at 09:30 AM. (Kanovitz, Michael) (Entered: 06/08/2006)

NOTICE of Motion by Michael I Kanovitz for presentment of motion for leave to file excess pages 48 before Honorable Matthew F. Kennelly on 6/27/2006 at 09:30 AM. (Kanovitz, Michael) (Entered: 06/19/2006)

MINUTE entry before Judge Matthew F. Kennelly : Motion for leave to file excess pages 48 is granted. (or, ) (Entered: 06/19/2006)

REPLY BY COUNTY OF COOK DEFENDANTS TO THE PLAINTIFF?S COMBINED RESPONSE TO THE MOTION BY COUNTY OF COOK TO DISMISS THE SECOND AMENDED COMPLAINT (Catania, Francis) (Entered: 06/22/2006)

NOTICE by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein OF REPLY BY COUNTY OF COOK DEFENDANTS TO THE PLAINTIFF?S COMBINED RESPONSE TO THE MOTION BY COUNTY OF COOK TO DISMISS THE SECOND AMENDED COMPLAINT (Catania, Francis) (Entered: 06/22/2006)

REPLY by Michael Sheahan, Callie Baird, Scott Kurdovichin Support of MOTION by Defendants Michael Sheahan, Callie Baird, Scott Kurdovich to dismiss plaintiff's second amended complaint 39 (Attachments: # 1 Affidavit Affidavit with General Order)(Gallagher, Daniel) (Entered: 06/22/2006)

2 Affidavit Affidavit with General Order

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NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re reply to response to motion, 54 (Gallagher, Daniel) (Entered: 06/22/2006)

MINUTE entry before Judge Matthew F. Kennelly : For the reasons set forth in the Memorandum Opinion and Order, the Court denies the Sheriff defendants' motion to dismiss (34). The Court grants the Cook County defendants' motion to dismiss (38) to the extent it seeks dismissal of official capacity claims against Martin, Jr., Winship, Fagus, Scott, Rothstein, and Bersky, but the motion is otherwise denied. Answer to all remaining claims due 9/15,2006. Status hearing set to 9/7/06 at 9:30 a.m. for the purpose of setting a discovery schedule. Mailed notice (mjc, ) (Entered: 09/07/2006)

MEMORANDUM Opinion and Order Signed by Judge Matthew F. Kennelly on 8/25/2006.(mjc, ) (Entered: 09/07/2006)

MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 9/7/2006 and continued to 2/7/2006 at 09:30 AM. Motion for class certification is to be filed by 1/31/2007. Parties may begin taking class discovery. (or, ) (Entered: 09/08/2006)

ANSWER to Complaint with Jury Demand Second Amended Complaint by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky(Catania, Francis) (Entered: 09/15/2006)

NOTICE by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky Answer to Plaintiffs' Second Amended Complaint (Catania, Francis) (Entered: 09/15/2006)

ANSWER to amended complaint and Affirmative Defenses by Michael Sheahan, Callie Baird, Scott Kurdovich(Gallagher, Daniel) (Entered: 09/15/2006)

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re answer to amended complaint 61 and affirmative defenses (Gallagher, Daniel) (Entered: 09/15/2006)

MOTION by Defendant County of Cook to withdraw as attorney (Lanzito, Dominick) (Entered: 09/15/2006)

NOTICE by County of Cook re MOTION by Defendant County of Cook to withdraw as attorney 63 (Lanzito, Dominick) (Entered: 09/15/2006)

MINUTE entry before Judge Matthew F. Kennelly : Motion for leave to withdraw is granted. Dominick Lanzito is granted to withdraw his appearance for defendants. Mailed notices (gcy, ) (Entered: 09/20/2006)

NOTICE of Motion by Dominick L Lanzito for presentment of before Honorable Matthew F. Kennelly on 10/10/2006 at 09:30 AM. (Lanzito, Dominick) (Entered: 09/21/2006)

NOTIFICATION by Dominick Lanzito of Address Change for defendant County of Cook. (mjc, ) (Entered: 10/05/2006)

MINUTE entry before Judge Matthew F. Kennelly : Motion for leave to withdraw appearance of Dominic Lanzito as attorney for defendant County of Cook is granted. Mailed notices (gcy, ) (Entered: 10/10/2006)

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Dominick L Lanzito (Lanzito, Dominick) (Entered: 10/12/2006)

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re attorney appearance 69 (Lanzito, Dominick) (Entered: 10/12/2006)

MOTION by Plaintiff Kim Young to compel 30(b)(6) Deposition (Attachments: # 1 Exhibit A through I)(Kanovitz, Michael) (Entered: 10/18/2006)

2 Exhibit A through I

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NOTICE of Motion by Michael I Kanovitz for presentment of motion to compel 71 before Honorable Matthew F. Kennelly on 10/25/2006 at 09:30 AM. (Kanovitz, Michael) (Entered: 10/18/2006)

MOTION by Defendant County of Cook, Plaintiff Kim Young for extension of time to file motion (Liskow, Samantha) (Entered: 01/31/2007)

NOTICE of Motion by Samantha Anne Liskow for presentment of extension of time 73 before Honorable Matthew F. Kennelly on 2/7/2007 at 09:30 AM. (Liskow, Samantha) (Entered: 01/31/2007)

MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson to certify class (Attachments: # 1 Exhibits)(Liskow, Samantha) (Entered: 01/31/2007)

2 Exhibits

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NOTICE of Motion by Samantha Anne Liskow for presentment of motion to certify class 75 before Honorable Matthew F. Kennelly on 2/7/2008 at 09:30 AM. (Liskow, Samantha) (Entered: 01/31/2007)

MINUTE entry before Judge Matthew F. Kennelly dated 2/7/07: Motion hearing held. Joint motion to extend time to file motion for certification of the proposed "Swabbing" Class (Dkt. No. 73) is granted. Motion terminated. Defendant County of Cook is given until March 2, 2007 to file her motion for class certification of the "swabbing" class. Defendant's are to respond to plaintiff's motion to certify class 75 on or before 3/9/07. Plaintiff to reply by 3/23/07. A status hearing and ruling date on motion for class certification is set for 4/23/07 at 9:30 a.m. Judicial staff mailed notice (gl, ) (Entered: 02/07/2007)

MOTION by Defendant County of Cook, Plaintiff Kim Young for extension of time to file motion (Liskow, Samantha) (Entered: 03/01/2007)

NOTICE of Motion by Samantha Anne Liskow for presentment of extension of time 78 before Honorable Matthew F. Kennelly on 3/6/2007 at 09:45 AM. (Liskow, Samantha) (Entered: 03/01/2007)

MINUTE entry before Judge Matthew F. Kennelly : The joint motion to further extend time is granted The deadline for filing a motion for class certification on the proposed "swabbing" loss is extended to 5/2/07. No further extensions will be granted. The case remains set for a status hearing on 4/23/07 at 9:30 a.m. Mailed notices (gcy, ) (Entered: 03/07/2007)

RESPONSE by Michael Sheahan, Callie Baird, Scott Kurdovichin Opposition to MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson to certify class 75 (Attachments: # 1 Exhibit List of Exhibits to Defendants' Response to Plaintiffs' Motion for Class Certification# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit Group 4 (Part 1 of 5)# 6 Exhibit Group 4 (Part 2 of 5)# 7 Exhibit Group 4 (Part 3 of 5)# 8 Exhibit Group 4 (Part 4 of 5)# 9 Exhibit Group 4 (Part 5 of 5)# 10 Exhibit 5# 11 Exhibit 6# 12 Exhibit 7# 13 Exhibit 8# 14 Exhibit 9)(Gallagher, Daniel) (Entered: 03/09/2007)

2 Exhibit List of Exhibits to Defendants' Response to Plaintiffs' Motion

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit Group 4 (Part 1 of 5)

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7 Exhibit Group 4 (Part 2 of 5)

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8 Exhibit Group 4 (Part 3 of 5)

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9 Exhibit Group 4 (Part 4 of 5)

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10 Exhibit Group 4 (Part 5 of 5)

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11 Exhibit 5

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12 Exhibit 6

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13 Exhibit 7

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14 Exhibit 8

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15 Exhibit 9

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NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re response in opposition to motion,, 81 for class certification (Gallagher, Daniel) (Entered: 03/09/2007)

RESPONSE by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Berskyin Opposition to MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson to certify class 75 (Catania, Francis) (Entered: 03/09/2007)

NOTICE by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky (Catania, Francis) (Entered: 03/09/2007)

REPLY by Plaintiff Kim Young to motion to certify class 75 (Attachments: # 1 Exhibit A-C)(Kanovitz, Michael) (Entered: 03/23/2007)

2 Exhibit A-C

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Defendants' Responses to Plaintiffs' First Requests to Admit to the Cook County Sheriff's Department Defendants by Michael Sheahan, Callie Baird, Scott Kurdovich (Gallagher, Daniel) (Entered: 04/13/2007)

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re other 86 Defendants' Responses to Plaitniffs' First Requests to Admit to the Cook County Sheriff's Department Defendants (Gallagher, Daniel) (Entered: 04/13/2007)

MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson to compel discovery (Liskow, Samantha) (Entered: 04/18/2007)

NOTICE of Motion by Samantha Anne Liskow for presentment of motion to compel 88 before Honorable Matthew F. Kennelly on 4/23/2007 at 09:30 AM. (Liskow, Samantha) (Entered: 04/18/2007)

MINUTE entry before Judge Matthew F. Kennelly :Status hearing held on 4/23/2007 and continued to 5/10/2007 at 09:30 AM. (or, ) (Entered: 04/24/2007)

MINUTE entry before Judge Matthew F. Kennelly : For the reasons set forth in the Memorandum Opinion and Order, the Court grants plaintiffs' motion for class certification (document 75). Mailed notices (gcy, ) (Entered: 04/27/2007)

MEMORANDUM Opinion and Order Signed by Judge Matthew F. Kennelly on 4/25/2007:(gcy, ) (Entered: 04/27/2007)

STIPULATION That Plaintiff Young Will Not Move To Certify the Putative Class Claims in Count I-II (Kanovitz, Michael) (Entered: 05/01/2007)

MINUTE entry before Judge Matthew F. Kennelly : Status hearing held and continued to 8/29/2007 at 9:30 am. Plaintiff's motion to compel is entered and continued to 5/17/2007 at 9:30 a.m. Fact discovery cutoff set to 12/3/2007. Plaintiff's 26(a)(2) disclosures due 1/7/2008, and defendant's by 2/7/2008. Expert discovery cutoff is 3/7/2008.Mailed notice (mjc, ) (Entered: 05/14/2007)

MINUTE entry before Judge Matthew F. Kennelly :Motion to compel 88 is terminated based on agreement to comply. (or, ) (Entered: 05/18/2007)

MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson for protective order (Liskow, Samantha) (Entered: 07/12/2007)

NOTICE of Motion by Samantha Anne Liskow for presentment of motion for protective order 96 before Honorable Matthew F. Kennelly on 7/18/2007 at 09:30 AM. (Liskow, Samantha) (Entered: 07/12/2007)

MINUTE entry before Judge Matthew F. Kennelly : Agreed motion for entry of protective order is granted. Counsel is directed to summit an electronic version of each order for signature, following instructions on Judge Kennelly's web page. Mailed notices (gcy, ) (Entered: 07/18/2007)

PROTECTIVE Order Signed by Judge Matthew F. Kennelly on 7/20/2007:(or, ) (Entered: 07/27/2007)

PROTECTIVE Order Signed by Judge Matthew F. Kennelly on 7/20/2007:(or, ) (Entered: 07/27/2007)

MINUTE entry before Judge Matthew F. Kennelly :Status hearing held on 8/29/2007. Plaintiff's attorney fails to appear. Status hearing continued to 9/12/2007 at 09:30 AM. Plaintiff's attorney is ordered to appear. (or, ) (Entered: 08/29/2007)