Case: Jackson v. Sheriff of Cook County

COMPLAINT filed by Robert Jackson; Jury Demand.(mb, ) (Entered: 01/30/2006)

CIVIL Cover Sheet (mb, ) (Entered: 01/30/2006)

ATTORNEY Appearance for Plaintiff Robert Jackson by Kenneth N Flaxman (mb, ) (Entered: 01/30/2006)

SUMMONS Issued as to Defendant Sheriff of Cook County (mb, ) (Entered: 01/30/2006)

AMENDED complaint by Joseph McGrath, Derrell Smith, Robert Jackson against all defendants (Flaxman, Kenneth) (Entered: 01/31/2006)

Corrected AMENDED complaint by Joseph McGrath, Derrell Smith, Robert Jackson against all defendants (Flaxman, Kenneth) (Entered: 02/01/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for leave to appear as Additional Appearance for Plaintiffs (Morrissey, Thomas) (Entered: 02/03/2006)

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for leave to appear 8 before Honorable David H. Coar on 2/8/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 02/03/2006)

SUMMONS Issued as to defendants Director, Cermak Health Services, Cook County, Illinois (cdy, ) (Entered: 02/08/2006)

MINUTE entry before Judge David H. Coar : Plaintiff's motion for leave to appear as additional counsel 8 is granted. Leave is granted Thomas G. Morrissey to file additional appearance on behalf of the plaintiffs. The parties need not appear on the noticed motion date of 02/08/06. Attorney Thomas G. Morrissey for Joseph McGrath and Derrell Smith added. Mailed notice (cdy, ) (Entered: 02/07/2006)

MINUTE entry before Judge David H. Coar : Rule 16(b) Scheduling Conference set for 4/25/2006 at 09:00 a.m. Report of parties planning conference pursuant to Rule 26(f) and proposed scheduling order pursuant to Rule 16(b) to be filed and submitted to chambers. (Forms of report of planning conference and proposed scheduling order are available on the Court's web page or in chambers). Mailed notice (cdy, ) (Entered: 03/16/2006)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Daniel Francis Gallagher (Gallagher, Daniel) (Entered: 03/31/2006)

NOTICE by Sheriff of Cook County re attorney appearance 13 (Gallagher, Daniel) (Entered: 03/31/2006)

MOTION by Defendant Sheriff of Cook County for extension of time (Attachments: # 1 Exhibit 1)(Gallagher, Daniel) (Entered: 04/11/2006)

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NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for extension of time 15 before Honorable David H. Coar on 4/25/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 04/11/2006)

ATTORNEY Appearance for Defendant Cook County, Illinois by Francis J. Catania (Catania, Francis) (Entered: 04/12/2006)

NOTICE by Cook County, Illinois of Filing Attorney Appearance for County of Cook (Catania, Francis) (Entered: 04/12/2006)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Daniel A. Kirk (Kirk, Daniel) (Entered: 04/19/2006)

NOTICE by Sheriff of Cook County re attorney appearance 19 (Kirk, Daniel) (Entered: 04/19/2006)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Terrence Franklin Guolee (Guolee, Terrence) (Entered: 04/19/2006)

NOTICE by Sheriff of Cook County re attorney appearance 21 (Guolee, Terrence) (Entered: 04/19/2006)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Lawrence S. Kowalczyk (Kowalczyk, Lawrence) (Entered: 04/19/2006)

NOTICE by Sheriff of Cook County re attorney appearance 23 (Kowalczyk, Lawrence) (Entered: 04/19/2006)

Proposed Scheduling Order by all parties by Sheriff of Cook County (Kowalczyk, Lawrence) (Entered: 04/24/2006)

NOTICE by Sheriff of Cook County re other 25 Proposed Scheduling Order by all parties (Kowalczyk, Lawrence) (Entered: 04/24/2006)

ATTORNEY Appearance for Defendant Cook County, Illinois by William Joseph McFadden (McFadden, William) (Entered: 04/24/2006)

MINUTE entry before Judge David H. Coar :Rule 16(b) Scheduling Conference held on 4/25/2006. Motion hearing held on 4/25/2006 regarding motion for extension of time 15 . Motion for extension of time 15 is granted, all defendants to answer or plead on or before May 24, 2006. All disclosures required by Rule 26(a)(1) shall be made on or before 5/15/2006. Any amendments to pleadings or actions to join other parties shall be filed on or before 7/1/2006. Discovery is ordered closed on 11/1/2006. The parties shall disclose expert testimony pursuant to Rule 26(a)(2) on or before 11/15/2006 by the plaintiffs and 1/5/2007 by defendants. The parties may depose the other side' s expert at any time prior to 1/23/2007. The parties shall disclose any rebuttal expert pursuant to Rule 26(a)(2)(c) at any time prior to 2/12/2007. The parties may depose the opposing party's rebuttal expert by 3/1/2007. Dispositive motions with supporting memoranda due by 12/1/2006 (all motions are to be in accordance to and noticed for a date certain pursuant to Local Rule 5.3(b)). Final Pretrial Order due by 3/16/2007. Final Pretrial Conference set for 3/23/2007 at 11:00 AM. Jury Trial set for 4/2/2007 at 10:00 AM. The parties are directed to review this Court's standing orders. Copies are available in chambers or through the Court's web page. (pm, ) Modified on 4/25/2006 (pm, ). (Entered: 04/25/2006)

ATTORNEY Appearance for Defendant Director, Cermak Health Services by Francis J. Catania (Catania, Francis) (Entered: 04/26/2006)

MOTION by Defendant Sheriff of Cook County to dismiss (Gallagher, Daniel) (Entered: 05/24/2006)

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion to dismiss 30 before Honorable David H. Coar on 5/31/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 05/24/2006)

MEMORANDUM by Sheriff of Cook County in Support of motion to dismiss 30 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gallagher, Daniel) (Entered: 05/24/2006)

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NOTICE by Sheriff of Cook County re memorandum in support of motion 32 (Gallagher, Daniel) (Entered: 05/24/2006)

NOTICE of Motion by Francis J. Catania for presentment of before Honorable David H. Coar on 5/31/2006 at 09:00 AM. (Catania, Francis) (Entered: 05/24/2006)

MOTION by Defendants Director, Cermak Health Services, Cook County, Illinois to dismiss the Corrected Amended Complaint (Catania, Francis) (Entered: 05/24/2006)

MEMORANDUM by Director, Cermak Health Services, Cook County, Illinois in Support of motion to dismiss 35 the Corrected Amended Complaint (Catania, Francis) (Entered: 05/24/2006)

MINUTE entry before Judge David H. Coar : Motion hearing held on 5/31/2006 regarding 30 and 35 . Enter briefing schedule on Defendant Director Cermak Healthcare and Cook County Illinois' motion to dismiss [35 and The Defendant Sheriff's motion to dismiss 30 . Responses due by 06/21/06. Replies due 07/07/06. Motions taken under advisement. Ruling to issue by mail. Enter Agreed Protective Order settling a dispute regarding discovery - privileged documents. (ar, ) (Entered: 06/12/2006)

AGREED Protective Order, signed by Judge David H. Coar on 5/31/2006 37 .(ar, ) (Entered: 06/12/2006)

MEMORANDUM by Joseph McGrath, Derrell Smith, Robert Jackson in Opposition to motion to dismiss 30, motion to dismiss 35 (Flaxman, Kenneth) (Entered: 06/21/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel discovery (Attachments: # 1 Exhibit # 2 Exhibit B# 3 Exhibit C)(Morrissey, Thomas) (Entered: 06/23/2006)

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Plaintiffs' Motion to Compel NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 40 before Honorable David H. Coar on 6/28/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 06/23/2006)

MINUTE entry before Judge David H. Coar :Motion hearing held on 6/28/2006 regarding motion to compel 40 . P Plaintiffs' Motion to compel 40 is granted as resolved by the parties, a signature order to be submitted. Documents to be produced twenty-one days. (pm, ) (Entered: 07/12/2006)

MINUTE entry before Judge David H. Coar : Enter signature order. Mailed notice (mjc, ) (Entered: 07/17/2006)

ORDER Signed by Judge David H. Coar on 6/28/2006.(mjc, ) (Entered: 07/17/2006)

REPLY by Sheriff of Cook Countyin Support of MOTION by Defendant Sheriff of Cook County to dismiss 30 Plaintiffs' Corrected Amended Complaint (Gallagher, Daniel) (Entered: 07/07/2006)

NOTICE by Sheriff of Cook County re reply to response to motion 42 to dismiss Plaintiffs' Corrected Amended Complaint (Gallagher, Daniel) (Entered: 07/07/2006)

REPLY IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS THE CORRECTED AMENDED COMPLAINT (Catania, Francis) (Entered: 07/07/2006)

NOTICE by Director, Cermak Health Services, Cook County, Illinois OF FILING THEIR REPLY IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS THE CORRECTED AMENDED COMPLAINT (Catania, Francis) (Entered: 07/07/2006)

CERTIFICATE by Director, Cermak Health Services, Cook County, Illinois Certificate of Service (Catania, Francis) (Entered: 07/07/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to certify class (Flaxman, Kenneth) (Entered: 09/08/2006)

INCORRECT document linked(Flaxman, Kenneth) Modified on 9/11/2006 (emd, ). (Entered: 09/08/2006)

NOTICE of Correction regarding notice of motion 51 (emd, ) (Entered: 09/11/2006)

CORRECTED NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 50 before Honorable David H. Coar on 9/13/2006 at 09:00 AM. (Flaxman, Kenneth) (Entered: 09/11/2006)

MINUTE entry before Judge David H. Coar : Motion hearing held on 9/13/2006 regarding motion to certify class 50 . Set deadlines as to motion to certify class 50 : Responses due by 11/3/2006; Replies due by 11/17/2006. Motion to certify class 50 is taken under advisement, ruling to issue by mail mailed notice (pm, ) (Entered: 09/15/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Deposition of Charles Luna (Morrissey, Thomas) (Entered: 10/10/2006)

deposition of Charles Luna NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 55 before Honorable David H. Coar on 10/16/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 10/10/2006)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Dominick L Lanzito (Lanzito, Dominick) (Entered: 10/12/2006)

NOTICE by Sheriff of Cook County re attorney appearance 57 (Lanzito, Dominick) (Entered: 10/12/2006)

MOTION by Defendant Sheriff of Cook County for protective order (Gallagher, Daniel) (Entered: 10/13/2006)

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for protective order 59 before Honorable David H. Coar on 10/16/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 10/13/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson, Defendants Sheriff of Cook County, Cook County, Illinois for extension of time for discovery (Morrissey, Thomas) (Entered: 10/13/2006)

To Extend Discovery NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for extension of time 61 before Honorable David H. Coar on 10/18/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 10/13/2006)

MINUTE entry before Judge David H. Coar :Motion hearing held on 10/16/2006 regarding motion to compel 55, motion for protective order 59 Plaintiff's Motion to compel the deposiston of Charles Luna 55 is granted. Motion for protective order 59 is denied. mailed notice (pm, ) (Entered: 10/16/2006)

MINUTE entry before Judge David H. Coar : Motion for extension of time 61 is stricken, no one appeared to present the motion. Motion hearing held on 10/18/2006 regarding motion for extension of time 61 mailed notice (pm, ) (Entered: 10/18/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel discovery (Attachments: # 1 Exhibit A)(Morrissey, Thomas) (Entered: 10/27/2006)

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Discovery NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 65 before Honorable David H. Coar on 11/1/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 10/27/2006)

MINUTE entry before Judge David H. Coar : Motion to compel 65 is granted as agreed by the parties and as stated on the record. Motion hearing held on 11/1/2006 regarding motion to compel 65 . mailed notice (pm, ) (Entered: 11/01/2006)

MOTION by Defendants Director, Cermak Health Services, Cook County, Illinois for extension of time to file response/reply to Plaintiffs' Motion for Class Certification (Catania, Francis) (Entered: 11/01/2006)

Agreed NOTICE of Motion by Francis J. Catania for presentment of motion for extension of time to file response/reply 68 before Honorable David H. Coar on 11/6/2006 at 09:00 AM. (Catania, Francis) (Entered: 11/01/2006)

RESPONSE by Sheriff of Cook County in Opposition to MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to certify class 50 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Gallagher, Daniel) (Entered: 11/03/2006)

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NOTICE by Sheriff of Cook County re response in opposition to motion, 70 for class certification (Gallagher, Daniel) (Entered: 11/03/2006)

MOTION by Defendant Sheriff of Cook County to have Defendant Sheriff Sheahan's Request to Admit Deemed Admitted (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Gallagher, Daniel) (Entered: 11/03/2006)

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NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for miscellaneous relief 72 before Honorable David H. Coar on 11/6/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 11/03/2006)

MINUTE entry before Judge David H. Coar : Motion for extension of time to file response/reply regarding MOTION to certify class 50 68 is granted. Defendants' Responses due and shall be filed by 11/6/2006 as to motion to certify class 50 . MOTION by Defendant Sheriff of Cook County to have Defendant Sheriff Sheahan's Request to Admit Deemed Admitted 72 is continued to 11/13/2006 at 9:00 a.m. mailed notice (pm, ) (Entered: 11/06/2006)

RESPONSE by Director, Cermak Health Services, Cook County, Illinois in Opposition to MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to certify class 50 (Attachments: # 1 Exhibit A Jackson# 2 Exhibit B McGrath# 3 Exhibit C Smith# 4 Exhibit D Hradek# 5 Exhibit E Judkins# 6 Exhibit F Hill# 7 Exhibit G Spivey)(Catania, Francis) (Entered: 11/06/2006)

2 Exhibit A Jackson

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3 Exhibit B McGrath

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4 Exhibit C Smith

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5 Exhibit D Hradek

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6 Exhibit E Judkins

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7 Exhibit F Hill

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8 Exhibit G Spivey

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NOTICE by Director, Cermak Health Services, Cook County, Illinois re response in opposition to motion, 75 of Plaintiffs to Certify Class (Catania, Francis) (Entered: 11/06/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for extension of time to serve expert's report (Morrissey, Thomas) (Entered: 11/10/2006)

Duplicate filing of document number 79. (Morrissey, Thomas) Modified on 11/13/2006 (emd, ). (Entered: 11/10/2006)

to serve expert's report NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for extension of time 77 before Honorable David H. Coar on 11/16/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 11/10/2006)

MINUTE entry before Judge David H. Coar : Motion hearing held on 11/13/2006 regarding motion for miscellaneous relief 72 . For the reasons stated on the record, The Motion to have request to admitt deemed admitted 72 is resolved as stated on the record. Motion #72 is terminated. mailed notice (pm, ) (Entered: 11/27/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Discovery (Attachments: # 1 Exhibit A# 2 Exhibit B)(Morrissey, Thomas) (Entered: 11/15/2006)

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Compel Discovery NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 80 before Honorable David H. Coar on 11/21/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 11/15/2006)

Motion to Compel NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 80 before Honorable David H. Coar on 11/20/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 11/15/2006)

MINUTE entry before Judge David H. Coar :Motion hearing held on 11/16/2006 regarding motion for extension of time 77 . MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for extension of time to serve expert's report 77 is granted. The expert discovery schedule is stricken, parties to follow the Federal Rules in reference to the expert discovery. mailed notice (pm, ) (Entered: 11/30/2006)

RESPONSE by Sheriff of Cook County in Opposition to MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Discovery 80 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gallagher, Daniel) (Entered: 11/17/2006)

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NOTICE by Sheriff of Cook County re response in opposition to motion 83 to compel the Designation of Witnesses Pursuant to a Rule 30(b)6 Notice (Gallagher, Daniel) (Entered: 11/17/2006)

REPLY by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to motion to certify class 50 (Flaxman, Kenneth) (Entered: 11/17/2006)

MINUTE entry before Judge David H. Coar : Motion to compel 80 is granted, as stated on the record. Motion hearing held on 11/20/2006 regarding motion to compel 80 mailed notice (pm, ) (Entered: 11/20/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for extension of time file motions for summary judgment (Morrissey, Thomas) (Entered: 11/21/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jacksonexceed limitation of ten depositions (Morrissey, Thomas) (Entered: 11/21/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Discovery (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Morrissey, Thomas) (Entered: 11/21/2006)

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NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for extension of time 87, motion to compel 89, motion for miscellaneous relief 88 before Honorable David H. Coar on 11/28/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 11/21/2006)

MINUTE entry before Judge David H. Coar : Motion hearing held on 11/28/2006 regarding motion for extension of time 87, motion to compel 89, motion for miscellaneous relief 88 . MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for extension of time 87 to file motion for summary judgment is granted, motion to be filed by 12/15/2006. MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson exceed limitation of ten depositions 88 and MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Discovery 89 are referred to the Magistrate Judge. All future discovery disputes and discovery motions are referred to the Magistrate Judge. mailed notice (pm, ) (Entered: 11/28/2006)

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Jeffrey Cole for discovery motion(s)specified. Plaintiffs' motion to exceed limitation of ten depositions 88 and Plaintiffs' motion to compel discovery 89 . All future discovery disputes and discovery motions. Signed by Executive Committee on 11/28/2006. (td, ) (Entered: 11/30/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel (Exhibits). (td, ) (Entered: 12/01/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to exceed limitation of ten depositions (Exhibits). (td, ) (Entered: 12/01/2006)

NOTICE of Emergency Motion by Thomas Gerard Morrissey for presentment of motion to compel 95 and motion to exceed the deposition limitation 96 before Honorable Jeffrey Cole on 11/30/2006 at 08:30 AM. (td, ) (Entered: 12/01/2006)

MINUTE entry before Judge Jeffrey Cole: Motion hearing held on 11/30/2006. Plaintiffs' Emergency Motion to compel 95 is granted as stated in open court. Plaintiffs' Motion to exceed limitation of ten depositions 96 is granted in part and denied in part as stated in open court. Mailed notice by judge's staff. (srb,) (Entered: 01/04/2007)

MEMORANDUM Opinion and Order Signed by Judge David H. Coar on 12/14/2006.(td, ) (Entered: 12/15/2006)

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for partial summary judgment on liability (Flaxman, Kenneth) (Entered: 12/14/2006)

MINUTE entry before Judge David H. Coar : For the reasons stated in the attached Memorandum Opinion and Order, Plaintiffs' motion to certify class 50 is granted. Mailed notice (td, ) (Entered: 12/15/2006)