Case: Rasho v. Snyder

3:00-cv-00528 | U.S. District Court for the Southern District of Illinois

Filed Date: Jan. 7, 1999

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On January 7, 1999, Illinois state prisoners who had serious mental illnesses filed an action pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois. These prisoners resided in a "super maximum" security correctional institution in Tamms, Illinois. They were represented by private counsel and attorneys from Northwestern University School of Law's MacArthur Justice Center and from the Edwin F. Mandel Legal Aid Clinic. Counsel amended the complaint on February 25, 1999, to add and dismiss a few defendants, but all the defendants were officials operating facilities of the Illinois Department of Corrections (IDOC) and IDOC, itself. Requesting class certification and injunctive relief, the plaintiffs alleged that the defendants (1) were deliberately indifferent to prisoners' mental health needs in violation of the Eighth and Fourteenth Amendments; (2) provided, for mentally ill inmates, living conditions that violated those amendments; (3) violated the state mental health code, which created a liberty or property interest under the Fourteenth Amendment's due process guarantee; (4) violated the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq., and (5) violated the Rehabilitation Act, 29 U.S.C. § 504. Also on February 25, 1999, the defense filed a motion to transfer venue. On March 31, 1999, the defendants filed a motion to dismiss the amended complaint, but that motion had not been ruled upon when District Judge Robert W. Gettleman granted the motion to transfer venue on April 13, 1999, sending the case to the U.S. District Court for the Southern District of Illinois. Boyd v. Snyder, 44 F.Supp.2d 966 (N.D. Il. 1999). There, the plaintiffs, on June 6, 2000, dismissed their case without prejudice and filed a lengthy new complaint in the Southern District of Illinois, adding a defendant but making essentially the same individual and class-based claims on behalf of seriously mentally ill inmates housed or to be housed at Tamms Correctional Center. Plaintiffs sought compensatory and punitive damages and injunctive and declaratory relief, suing the defendants in their individual and official capacities.

Some of the defendants filed motions to dismiss, alleging that plaintiffs had not exhausted administrative remedies as to the moving defendants, had failed to allege physical injuries as required by a provision of the Prison Litigation Reform Act, 42 U.S.C. § 1997e(e), failed to sufficiently allege personal responsibility for certain alleged injuries or misconduct, failed to state claims upon which relief could be granted as to the ADA and Rehabilitation Act, had no due process rights under the Illinois mental health code, and that the defendants were protected from the damages claims in their official capacity by reason of the Eleventh Amendment and also protected by qualified immunity from certain of plaintiffs' claims. U.S. Magistrate Judge Clifford J. Proud considered the pretrial dismissal motions and issued his report and recommendation on August 2, 2001. His recommendations were adopted in full by District Judge Davis R. Herndon in an unpublished order on September 18, 2001. Accordingly, many of the plaintiffs' claims were dismissed, including the alleged ADA violation and the due process claim relying on the state's mental health code, and certain defendants were dismissed from the case or permitted to be proceeded against only in their individual, as opposed to official, capacity.

Plaintiffs' efforts to have their case certified as a class action were rejected by Magistrate Judge Proud's November 6, 2001, unpublished recommendation, which was adopted by District Judge Herndon on March 27, 2002. The district judge's ruling rejected plaintiffs' objections to the magistrate's report, as Judge Herndon elected not to credit plaintiffs' expert statistical analysis about the likely number of seriously mentally ill prisoners at Tamms, instead choosing to rely on defense-submitted records indicating 15 such prisoners were housed at Tamms. Such a number, said the judge in an unpublished opinion, was not so large as to warrant class action treatment. The plaintiffs filed a motion asking the judge to reconsider this ruling. The motion led to the judge conducting another hearing, touring the Tamms facility, and reviewing prisoners' mental health records. In an unpublished order on February 28, 2003, Judge Herndon stood by his earlier ruling that denied class action status to the case, stating that the additional sources of information he had considered made him more sure that class action status was unwarranted.

Discovery proceedings and negotiations between the parties had occurred as the months went by. On October 1, 2002, in a pleading referencing a stipulation, one plaintiff dismissed, with prejudice, his allegations against all defendants and the remaining plaintiffs dismissed, with prejudice, their allegations against two particular defendants. We do not have a copy of the stipulation nor otherwise know of its' terms. At various times, the parties and the court addressed the need for protective orders concerning discovery items, such as videotapes of extraction teams removing prisoners from cells or policy statements regarding prisoner transfers, trying to address concerns the court regarded as legitimate that unlimited disclosure of such materials would enable prisoners' plots to thwart security efforts or to manufacture reasons for transfer. Other developments in the case included the plaintiffs' unopposed motion to dismiss, on mootness grounds, a plaintiff who no longer resided in the Tamms facility. The motion was granted by the court on June 10, 2004.

Eventually, the defendants filed motions for summary judgment. By the time the motions were ruled upon, only two plaintiffs and six defendants, together with IDOC, remained as parties and the claim for damages was no longer being pressed. Adopting and expanding upon Magistrate Judge Proud's January 24, 2005, unpublished recommendation that the motion for summary judgment be granted in part and denied in part, Judge Herndon's March 24, 2005, unpublished order overruled defense objections that their motion should have been granted in its entirety. According to the court, genuine issues of material fact remained and warranted trial as to some defendants on the Eighth Amendment deliberate indifference claim and the alleged violation of the Rehabilitation Act; however, the IDOC high-level officials and the Tamms warden were dismissed from the case, as the plaintiffs had shown no evidence that these defendants were deliberately indifferent or otherwise at fault in relying on diagnoses by IDOC psychiatrists or psychologists.

No trial occurred, however, because the remaining parties settled the case, resulting in its dismissal on May 25, 2005. We have no details of the settlement's terms, nor any information indicating further action occurring in the case.

Summary Authors

Mike Fagan (5/6/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6140547/parties/rasho-v-snyder/

Judge(s)

Attorney for Plaintiff

Bowman, Locke E. III (Illinois)

Chapman, James (Illinois)

Attorney for Defendant

Anthony, Katherine M. (Illinois)

Corrigan, Terence J. (Illinois)

Frey, R. Shelton (Illinois)

Judge(s)

Gettleman, Robert William (Illinois)

Herndon, David R. (Illinois)

Proud, Clifford J. (Illinois)

Attorney for Plaintiff

Bowman, Locke E. III (Illinois)

Chapman, James (Illinois)

Heyrman, Mark Joseph (Illinois)

Mandel, Edwin F (Illinois)

Snyder, Jean MacLean (Illinois)

Attorney for Defendant

Anthony, Katherine M. (Illinois)

Corrigan, Terence J. (Illinois)

Frey, R. Shelton (Illinois)

Higgerson, Christopher L. (Illinois)

Londrigan, Patrick J. (Illinois)

Marsalek, Diann Karen (Illinois)

O'Leary, Susan Takata (Illinois)

Siegel, Richard John (Illinois)

Stauffer, Randall C. (Illinois)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:99-cv-00056	Docket [PACER] R v. Washington U.S. District Court for the Northern District of Illinois	April 26, 1999	April 26, 1999 Docket
3:00-cv-00528	Docket [PACER]	Sept. 28, 2006	Sept. 28, 2006 Docket
57 1:99-cv-00056	Memorandum Opinion and Order [Re: Transfer] Boyd v. Snyder U.S. District Court for the Northern District of Illinois	April 13, 1999	April 13, 1999 Order/Opinion 44 F.Supp.2d 966
1 3:00-cv-00528	Complaint	July 6, 2000	July 6, 2000 Complaint
47 3:00-cv-00528	Report and Recommendation [re: Motion to Dismiss Counts I-III]	Aug. 2, 2001	Aug. 2, 2001 Magistrate Report/Recommendation
48 3:00-cv-00528	Report and Recommendation [Re: Motion to Dismiss Complaint]	Aug. 2, 2001	Aug. 2, 2001 Magistrate Report/Recommendation
53 3:00-cv-00528	Memorandum and Order [Re: Motion to Dismiss Counts I-III]	Sept. 18, 2001	Sept. 18, 2001 Order/Opinion
54 3:00-cv-00528	Memorandum and Order [Re: Motion to Dismiss Complaint]	Sept. 18, 2001	Sept. 18, 2001 Order/Opinion
64 3:00-cv-00528	Report and Recommendation [Re: Class Certification]	Nov. 6, 2001	Nov. 6, 2001 Magistrate Report/Recommendation
85 3:00-cv-00528	Memorandum and Order [Re: Class Certification]	March 27, 2002	March 27, 2002 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6140547/rasho-v-snyder/

Last updated April 6, 2025, 10:47 a.m.

Docket for: Rasho v. Snyder

ECF Number	Date	Description	Link
	Jan. 7, 1999	RECEIPT regarding payment of filing fee paid; on 1/7/98 in the amount of $ 150.00, receipt # 104111. (dmkf) (Entered: 01/08/1999)	PACER
	March 11, 1999	SUMMONS issued as to defendants Donald Snyder, George E DeTella, IL Dept Corr (dmkf) (Entered: 03/11/1999)	PACER
1	July 6, 2000	COMPLAINT (Summonses issued) Filing fee pd $ 150.00 receipt # 300 68448 (fe) (Entered: 07/07/2000)	RECAP
2	July 6, 2000	ENTRY OF APPEARANCE for plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd by Jean Maclean Snyder (fe) (Entered: 07/07/2000)	RECAP
3	July 6, 2000	ENTRY OF ADDITIONAL APPEARANCE for plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd by James P. Chapman (fe) (Entered: 07/07/2000)	RECAP
4	July 13, 2000	ORDER by Judge David R. Herndon Case referred to Mag/Judge Clifford J. Proud (cc: all counsel) (myz) (Entered: 07/13/2000)	RECAP
5	Aug. 1, 2000	ATTORNEY APPEARANCE for defendant Marvin Powers, defendant Rakesh Chandra by Patrick J. Londrigan (acm) (Entered: 08/01/2000)	RECAP
6	Aug. 1, 2000	MOTION by defendant Marvin Powers, defendant Rakesh Chandra for additional time in which to plead (acm) (Entered: 08/01/2000)	RECAP
7	Aug. 2, 2000	MOTION by defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Kelly Rhodes, IL Dept of Corr for enlargement of time to answer (acm) (Entered: 08/07/2000)	RECAP
8	Aug. 11, 2000	ORDER by Mag/Judge Clifford J. Proud granting motions for additional time to plead [6-1] & [7-1] to 9/15/00 (cc: all counsel) (dmw) (Entered: 08/16/2000)	RECAP
9	Sept. 18, 2000	MOTION by defendants Snyder, Elyea, Hopkins, DeTella, Welborn, Powers, Rhodes, Chandra and IDOC to dismiss plaintiffs' complaint (acm) (Entered: 09/20/2000)	RECAP
10	Sept. 18, 2000	MOTION by defendants for leave to file brief in excess of 10 pages limitation instanter (acm) (Entered: 09/20/2000)	RECAP
11	Sept. 20, 2000	MOTION by defendants Marvin Powers & Rakesh Chandra to dismiss Counts I, II and III (dmw) (Entered: 09/25/2000)	RECAP
12	Sept. 20, 2000	MEMORANDUM by defendants Marvin Powers & Rakesh Chandra in support of motion to dismiss Counts I, II and III [11-1] (dmw) (Entered: 09/25/2000)	RECAP
13	Sept. 29, 2000	ATTORNEY APPEARANCE for defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, IL Dept of Corr by Shelton Frey (acm) (Entered: 10/04/2000)	RECAP
14	Oct. 2, 2000	ATTORNEY APPEARANCE for defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, IL Dept of Corr by Randall C. Stauffer (acm) (Entered: 10/04/2000)	RECAP
15	Oct. 2, 2000	MOTION by plaintiffs to extend briefing schedule of defendants' motion to dismiss (acm) (Entered: 10/04/2000)	RECAP
16	Oct. 12, 2000	ORDER by Mag/Judge Clifford J. Proud granting motion for leave to file brief in excess of 10 pages limitation instanter [10-1], re [9-1] (cc: all counsel) (fe) (Entered: 10/13/2000)	RECAP
17	Oct. 12, 2000	MEMORANDUM by defendant in support of motion to dismiss plaintiffs' complaint [9-1] (fe) (Entered: 10/13/2000)	RECAP
18	Oct. 20, 2000	ATTORNEY APPEARANCE for plaintiffs by Mark J. Heyrman (dlr) (Entered: 10/25/2000)	RECAP
19	Oct. 20, 2000	ATTORNEY APPEARANCE for plaintiffs by Locke E. Bowman (dlr) (Entered: 10/25/2000)	RECAP
20	Oct. 23, 2000	ORDER by Mag/Judge Clifford J. Proud granting motion to extend briefing schedule of defendants' motion to dismiss [15-1], motion to dismiss Counts I, II and III [11-1] resp due 12/4/00, motion to dismiss plaintiffs' complaint [9-1] resp due 12/4/00 (cc: all counsel) (fe) (Entered: 10/26/2000)	RECAP
21	Dec. 4, 2000	SECOND MOTION by plaintiffs to extend briefing schedule of defendants' motions to dismiss (dlr) (Entered: 12/12/2000)	RECAP
22	Dec. 20, 2000	MOTION by plaintiff Ashoor Rasho, plaintiff Faygie Fields, plaintiff Brian Nelson, plaintiff Robert Boyd for leave to file memorandum in excess of ten pages (amv) (Entered: 12/22/2000)	RECAP
25	Dec. 22, 2000	ORDER by Mag/Judge Clifford J. Proud granting motion to extend briefing schedule of defendants' motions to dismiss [21-1], motion to dismiss Counts I, II and III [11-1] resp due 12/20/00, motion to dismiss plaintiffs' complaint [9-1] resp due 12/20/00 (cc: all counsel) (car) (Entered: 01/03/2001)	RECAP
23	Dec. 27, 2000	ORDER by Mag/Judge Clifford J. Proud granting motion for leave to file memorandum in excess of ten pages [22-1], re [11-1], re [9-1] (cc: all counsel) (fe) (Entered: 01/03/2001)	RECAP
24	Dec. 27, 2000	RESPONSE by plaintiff to motion to dismiss Counts I, II and III [11-1], motion to dismiss plaintiffs' complaint [9-1] (fe) (Entered: 01/03/2001)	RECAP
26	Jan. 8, 2001	REPLY by defendants in support of their motion to dismiss plaintiffs' complaint re [11-1], re [9-1] (fe) (Entered: 01/11/2001)	RECAP
27	March 1, 2001	MOTION by defendants to stay discovery pending a ruling on defendants' motion to dismiss (dlr) (Entered: 03/05/2001)	RECAP
28	March 15, 2001	MOTION by plaintiff Ashoor Rasho, plaintiff Faygie Fields, plaintiff Brian Nelson, plaintiff Robert Boyd for leave to file memorandum in excess of ten pages (amv) (Entered: 03/22/2001)	RECAP
29	March 15, 2001	MOTION by plaintiff Ashoor Rasho, plaintiff Faygie Fields, plaintiff Brian Nelson, plaintiff Robert Boyd to certify the plaintiff's class (amv) (Entered: 03/22/2001)	RECAP
30	March 15, 2001	RESPONSE by plaintiff Ashoor Rasho, plaintiff Faygie Fields, plaintiff Brian Nelson, plaintiff Robert Boyd to defendants' motion to stay discovery pending a ruling on defendants' motion to dismiss [27-1] (amv) (Entered: 03/22/2001)	RECAP
31	April 2, 2001	MOTION by defendants for enlargement of time in which to file a response to plaintiff's motion to certify the plaintiff class (dlr) (Entered: 04/03/2001)	RECAP
32	April 20, 2001	MOTION by defendants for leave to to File Memorandum of Law in Opposition to Plaintiff's Motion to Certify in Excess of Ten Pages Instanter (scj) (Entered: 04/24/2001)	RECAP
33	April 30, 2001	MOTION by plaintiffs' to extend time to reply to defendants' memorandum of law in opposition to plaintiffs' motion to certify the plaintiff class (fe) (Entered: 05/04/2001)	RECAP
34	May 7, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion to extend time to reply to defendants' opposition to plaintiffs' motion to certify the plaintiff class [33-1] motion to certify the plaintiff's class [29-1] resp due 5/18/01 (cc: all counsel) (dmw) (Entered: 05/09/2001)	RECAP
35	May 18, 2001	SECOND MOTION by plaintiffs to extend time to reply to defendants' memorandum of law in opposition to plaintiffs' motion to certify the plaintiff class (dlr) (Entered: 05/24/2001)	RECAP
36	June 1, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion to extend time to reply to defendants' memorandum of law in opposition to plaintiffs' motion to certify the plaintiff class [35-1] up to and including 6/8/01 (cc: all counsel) (dlr) (Entered: 06/07/2001)	RECAP
37	June 1, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion for leave to file memorandum in excess of ten pages [28-1] (cc: all counsel) (dlr) (Entered: 06/07/2001)	RECAP
38	June 1, 2001	MEMORANDUM by plaintiffs in support of motion to certify the plaintiff's class [29-1] (dlr) (Entered: 06/07/2001)	RECAP
39	June 1, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion to stay discovery pending a ruling on defendants' motion to dismiss [27-1]; discovery is stayed until further notice (cc: all counsel) (dlr) (Entered: 06/07/2001)	RECAP
40	June 1, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion for leave to to File Memorandum of Law in Opposition to Plaintiff's Motion to Certify in Excess of Ten Pages Instanter [32-1], granting motion for enlargement of time in which to file a response to plaintiff's motion to certify the plaintiff class [31-1] (cc: all counsel) (dlr) (Entered: 06/07/2001)	RECAP
41	June 1, 2001	MEMORANDUM OF LAW by defendants in opposition to motion to certify the plaintiff's class [29-1] (dlr) (Entered: 06/07/2001)	RECAP
42	June 8, 2001	THIRD MOTION by plaintiffs to extend time to reply to defendants' memorandum in opposition to plaintiffs' motion to certify plaintiff class (dmw) (Entered: 06/11/2001)	RECAP
43	June 13, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion to extend time to reply to defendants' memorandum in opposition to plaintiffs' motion to certify plaintiff class [42-1], re [29-1] ; brief ddl set for Friday, 7/6/01 (cc: all counsel) (scj) (Entered: 06/18/2001)	RECAP
44	July 6, 2001	FOURTH MOTION by plaintiffs for extension of time to reply to defendants' memorandum in opposition to plaintiffs' motion to certify class (dmw) (Entered: 07/10/2001)	RECAP
45	July 11, 2001	REPLY by plaintiff re defendants memorandum of law in opposition to plaintiffs' motion to certify the plaintiff class [29-1] (scj) (Entered: 07/12/2001)	RECAP
46	July 20, 2001	MOTION by plaintiffs' Ashoor Rasho, Faygie Fields, Brian Nelson, Robert Boyd to file certification and cv (tjh) (Entered: 07/24/2001)	RECAP
47	Aug. 2, 2001	REPORT AND RECOMMENDATION concerning motion to dismiss Counts I, II and III [11-1] ; recommending that motion be granted in part and denied in part (cc: all counsel) (dlr) (Entered: 08/08/2001)	RECAP
48	Aug. 2, 2001	REPORT AND RECOMMENDATION concerning motion to dismiss plaintiffs' complaint [9-1] ; recommending that motion be granted in part and denied in part (cc: all counsel) (dlr) (Entered: 08/08/2001)	RECAP
49	Aug. 13, 2001	UNOPPOSED MOTION by plaintiffs to extend time for objection to Magistrate's report and recommendation (dmw) (Entered: 08/14/2001)	RECAP
50	Aug. 16, 2001	UNOPPOSED MOTION by plaintiffs to extend time for objection to Magistrate's Report and Recommendation (dlr) (Entered: 08/16/2001)	RECAP
51	Aug. 16, 2001	ORDER by Judge David R. Herndon granting motion to extend time for objection to Magistrate's report and recommendation [49-1]; report and recommendation concerning motion to dismiss plaintiffs' complaint [9-1] [48-1] resp due 9/10/01, report and recommendation concerning motion to dismiss Counts I, II and III [11-1] [47-1] resp due 9/10/01 (cc: all counsel) (dlr) (Entered: 08/20/2001)	RECAP
52	Aug. 20, 2001	ORDER by Judge David R. Herndon granting motion to extend time for objection to report and recommenation [50-1], report and recommendations [48-1] & [47-1] resp due 9/10/01 (cc: all counsel) (dmw) (Entered: 08/22/2001)	RECAP
53	Sept. 18, 2001	MEMORANDUM AND ORDER by Judge David R. Herndon adopting report and recommendation concerning motion to dismiss Counts I, II and III [11-1] [47-1]; granting in part and denying in part motion to dismiss Counts I, II and III [11-1]; the individual capacity claims against Chandra in Counts I, II, and III are dismissed; all individual capacity claims against Powers in Counts II and III ar dismissed; see order for specifics (cc: all counsel) (dlr) (Entered: 09/19/2001)	RECAP
54	Sept. 18, 2001	MEMORANDUM AND ORDER by Judge David R. Herndon adopting report and recommendation concerning motion to dismiss plaintiffs' complaint [9-1] [48-1]; granting in part and denying in part motion to dismiss plaintiffs' complaint [9-1]; see order for specifics (cc: all counsel) (dlr) (Entered: 09/19/2001)	RECAP
55	Oct. 1, 2001	MOTION by defendants for enlargement of time in which to answer complaint (dlr) Modified on 10/02/2001 (Entered: 10/02/2001)	RECAP
59	Oct. 3, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time in which to answer complaint [55-1] brief ddl set 11/2/01 (cc: all counsel) (scj) (Entered: 10/05/2001)	RECAP
56	Oct. 4, 2001	ORDER by Mag/Judge Clifford J. Proud denying motion for extension of time to reply to defendants' memorandum in opposition to plaintiffs' motion to certify class as moot [44-1] (cc: all counsel) (fe) (Entered: 10/05/2001)	RECAP
57	Oct. 4, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion to file certification and cv [46-1], re [29-1] (cc: all counsel) (fe) (Entered: 10/05/2001)	RECAP
58	Oct. 4, 2001	CERTIFICATION (AFFIDAVIT) of Kathryn A. Burns, M.D. re motion to certify [29-1] (fe) (Entered: 10/05/2001)	RECAP
60	Oct. 5, 2001	MOTION by plaintiffs to amend complaint on it's face (dlr) (Entered: 10/10/2001)	RECAP
61	Nov. 1, 2001	SECOND MOTION by defendants for enlargement of time to answer or otherwise respond to complaint (dmw) (Entered: 11/02/2001)	RECAP
62	Nov. 6, 2001	ORDER by Mag/Judge Clifford J. Proud denying motion to amend complaint on it's face [60-1] (cc: all counsel) (fe) (Entered: 11/08/2001)	RECAP
63	Nov. 6, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time to answer or otherwise respond to complaint, up to and including 12/7/01 [61-1] (cc: all counsel) (fe) (Entered: 11/08/2001)	RECAP
64	Nov. 6, 2001	REPORT AND RECOMMENDATION: recommending that the motion to certify the plaintiff's class be denied, and that the named plaintiffs, Rasho, Fields, Nelson and Boyd, proceed with their joined individual claims [29-1] (cc: all counsel) (fe) (Entered: 11/08/2001)	RECAP
65	Nov. 20, 2001	MOTION by plaintiffs to extend time for objection to report and recommendation (dmw) (Entered: 11/21/2001)	RECAP
66	Nov. 26, 2001	ORDER by Judge David R. Herndon granting motion to extend time for objection to report and recommendation [65-1], report and recommendation: recommending that the motion to certify the plaintiff's class be denied, and that the named plaintiffs, Rasho, Fields, Nelson and Boyd, proceed with their joined individual claims [29-1] [64-1] resp due 12/18/01 (cc: all counsel) (dlr) (Entered: 11/28/2001)	RECAP
67	Dec. 7, 2001	THIRD MOTION by defendants for enlargement of time to answer or otherwise respond to complaint (dmw) (Entered: 12/11/2001)	RECAP
68	Dec. 14, 2001	ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time. Defendants are given up to and including the 21st day after this court enters a order concerning the report and recommendation to answer or otherwise plead to complaint [67-1], re [64-1], re [29-1] (cc: all counsel) (fe) (Entered: 12/18/2001)	RECAP
69	Dec. 18, 2001	SECOND MOTION by plaintiffs to extend time for objection to magistrate's report and recommendation (dlr) (Entered: 12/21/2001)	RECAP
70	Dec. 27, 2001	ORDER by Judge David R. Herndon granting motion to extend time for objection to magistrate's report and recommendation [69-1], resp due 1/15/02 (cc: all counsel) (fe) (Entered: 12/28/2001)	RECAP
71	Jan. 15, 2002	MOTION by plaintiffs' Ashoor Rasho, Faygie Fields, Brian Nelson, Robert Boyd to extend time for objection to magistrate's report and recommendation (tjh) (Entered: 01/24/2002)	RECAP
72	Jan. 25, 2002	OBJECTIONS by plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd to Report and Recommendation [64-1] (scj) (Entered: 01/29/2002)	RECAP
73	Jan. 25, 2002	ORDER by Judge David R. Herndon granting motion to extend time for objection to magistrate's report and recommendation [71-1], report and recommendation [64-1] resp due 1/25/02 (cc: all counsel) (dmw) (Entered: 01/30/2002)	RECAP
74	Feb. 11, 2002	REPLY TO PLAINTIFFS' OBJECTIONS by defendants' Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, IL Dept of Corr to Report and Recommendation [64-1] (tjh) (Entered: 02/13/2002)	RECAP
75	Feb. 15, 2002	ORDER by Judge David R. Herndon neither adopting nor rejecting the report and recommendation by Magistrate Judge Proud [64-1] (cc: all counsel) (tjh) (Entered: 02/15/2002)	RECAP
76	Feb. 25, 2002	MOTION by plaintiffs to modify order of 2/15/02 (to amend), and for leave to conduct limited discovery (dmw) (Entered: 02/28/2002)	RECAP
77	March 4, 2002	RESPONSE by defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, and IL Dept of Corr to motion to modify order of 2/15/02 (to amend) [76-1], motion for leave to conduct limited discovery [76-2] (scj) (Entered: 03/12/2002)	RECAP
78	March 7, 2002	REPLY by plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd to response to motion to modify order of 2/15/02 (to amend) [76-1], motion for leave to conduct limited [76-2] (scj) (Entered: 03/12/2002)	RECAP
79	March 11, 2002	MOTION by plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd to lift stay on discovery, and set a status conference (scj) (Entered: 03/14/2002)	RECAP
80	March 15, 2002	ORDER by Judge David R. Herndon denying motion to modify order of 2/15/02 (to amend) [76-1], denying motion for leave to conduct limited discovery [76-2] (cc: all counsel) (dlr) (Entered: 03/20/2002)	RECAP
81	March 18, 2002	MEMORANDUM ON THE EFFECT REICKENBACKER V. FOSTER ON THE REHABILITATION ACT CLAIMS RAISED IN THIS CASE (NOTICE) by defendants (dlr) (Entered: 03/26/2002)	RECAP
82	March 18, 2002	CERTIFICATE OF COMPLIANCE (NOTICE) by defendants (dlr) (Entered: 03/26/2002)	RECAP
83	March 18, 2002	AFFIDAVIT of Dr. Kelly Rhodes (filed under seal) (dlr) (Entered: 03/26/2002)	RECAP
84	March 18, 2002	(NOTICE) OF SUBMISSION CONCERNING THE REBAH ACT AND REICKENBACKER V. FOSTER by plaintiff class (scj) (Entered: 03/26/2002)	RECAP
86	March 21, 2002	MOTION by plaintiff to file exhibits to previously filed motion (dlr) (Entered: 03/29/2002)	RECAP
87	March 25, 2002	RESPONSE by plaintiff class Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd to Submission concerning Rehab Act and Reickenbacker v Foster [84-1] (scj) (Entered: 04/01/2002)	RECAP
85	March 27, 2002	MEMORANDUM AND ORDER by Judge David R. Herndon adopting report and recommendation recommending that the motion to certify the plaintiff's class be denied, and that the named plaintiffs, Rasho, Fields, Nelson and Boyd, proceed with their joined individual claims [29-1] [64-1], denying motion to certify the plaintiff's class [29-1] (cc: all counsel) (dlr) (Entered: 03/27/2002)	RECAP
88	March 28, 2002	RESPONSE by defendants to motion to lift stay on discovery [79-1] and set a status conference [79-2] (dmw) (Entered: 04/03/2002)	RECAP
89	April 1, 2002	ORDER by Mag/Judge Clifford J. Proud denying motion to lift stay on discovery [79-1] and set a status conference [79-2] in all respects (cc: all counsel) (dmw) (Entered: 04/03/2002)	RECAP
90	April 1, 2002	ORDER by Mag/Judge Clifford J. Proud granting motion to file exhibits to previously filed motion [86-1] (cc: all counsel) (dmw) (Entered: 04/03/2002)	RECAP
91	April 22, 2002	MOTION by defendants for enlargement of time to file answer (dmw) (Entered: 04/24/2002)	RECAP
92	April 25, 2002	ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time to file answer [91-1]; up to and including brief ddl set 4/26/02 (cc: all counsel) (scj) (Entered: 05/01/2002)	RECAP
93	April 26, 2002	MOTION by defendants Marvin Powers and Rakesh Chandra for enlargement of time to answer (dmw) (Entered: 05/01/2002)	RECAP
94	April 29, 2002	ANSWER and affirmative defenses by defendant to [1-1] (dmw) (Entered: 05/01/2002)	RECAP
95	April 30, 2002	MOTION by plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd for reconsideration of denial of certification of the plaintiff class (scj) (Entered: 05/02/2002)	RECAP
96	April 30, 2002	THIRD MOTION by defendants for enlargement of time to address plaintiff's discovery (dmw) (Entered: 05/02/2002)	RECAP
97	May 3, 2002	ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time to 5/9/02 to address plaintiff's discovery [96-1] (cc: all counsel) (dmw) (Entered: 05/07/2002)	RECAP
98	May 8, 2002	MOTION by defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, and IL Dept of Corr for protective order (scj) (Entered: 05/08/2002)	RECAP