Baird et al v. Town of Normal et al
| Natalie Wetzel, Blair Valentine, Savannah Wetzel, Erin Burnison, Lianna Bankord, Elizabeth Beran, Brent Goken, Janean Baird, Dick Goken, Brad Mosby, Ed Madison, LizBeth Ogiela-Scheck and Ralston Scott Jones |
| Bush Development LLC and Town of Normal |
| 1:2019cv01141 |
| April 24, 2019 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Joe Billy McDade |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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Filing 35
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 8/2/19 at 9:45 AM via telephone (Court to set up the call). If Counsel are to be reached at a number different than what is listed on the docket sheet, they are directed to phone Judge Hawley's courtroom deputy at 309-671-7117 and confirm the phone number where they may be reached for the call. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 7/30/19. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 7/3/2019. (WG, ilcd)
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| Filing 34 ANSWER to #1 Complaint, AND AFFIRMATIVE DEFENSES by Town of Normal.(Smith, Gregory) |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present in court by Plaintiffs Janean Baird and Natalie Wetzel with Atty William McGrath/Attys Brian Day and Gregory Smith with representatives/Atty Brett Marshall with representative for Settlement Conference held on 6/27/2019. No settlement reached. (FDS, ilcd) |
| Filing 33 ANSWER to #1 Complaint, AND AFFIRMATIVE DEFENSES by Bush Development LLC.(O'Rourke, Jason) |
| Filing 32 NOTICE of Appearance of Attorney by Brett Richard Marshall on behalf of Bush Development LLC (Marshall, Brett) |
| Filing 31 NOTICE OF FILING OFFICIAL TRANSCRIPT of Status Conference Proceedings held on 5/20/2019, before Judge Joe Billy McDade. Court Reporter/Transcriber N. Mersot, Telephone number 309-671-4244. Transcript purchased by:Gregory Smith. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2019. Redacted Transcript Deadline set for 7/18/2019. Release of Transcript Restriction set for 9/16/2019. (TK, ilcd) |
| Filing 30 PDF with attached Audio File. Court Date & Time [ 6/14/2019 10:26:06 AM ]. File Size [ 6638 KB ]. Run Time [ 00:13:50 ]. (admin). |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Attys William McGrath/Gregory Smith/Brian Day/Jason O'Rourke for Motion Hearing held on 6/14/19. Discussion held regarding #28 Motion to Continue Settlement Conference. #28 Motion to Continue Settlement Conference is GRANTED. The Settlement Conference set for 6/19/19 is CANCELLED and SET for 6/27/19 at 10:30 AM in Courtroom C in Peoria before Magistrate Judge Jonathan E. Hawley. Should this case not settle, the Motion for Preliminary Injunction is due on or before 7/1/19. Pre-Settlement Statement due on or before 6/24/19. (Tape #PRC: 10:26 a.m.) (FDS, ilcd) |
| Filing 29 RESPONSE to Motion re #28 MOTION to Continue Settlement Conference filed by Defendant Town of Normal. (Smith, Gregory) |
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TEXT ORDER entered by Magistrate Judge Jonathan E. Hawley on 6/13/19. Motion Hearing set for 6/14/2019 at 10:30 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley re #28 MOTION to Continue Settlement Conference. (FDS, ilcd)
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| Filing 28 MOTION to Continue Settlement Conference by Plaintiffs Janean Baird, Lianna Bankord, Elizabeth Beran, Erin Burnison, Brent Goken, Dick Goken, Ed Madison, Brad Mosby, LizBeth Ogiela-Scheck, Ralston Scott Jones, Blair Valentine, Natalie Wetzel, Savannah Wetzel. Responses due by 6/26/2019 (McGrath, William) |
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TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Settlement Conference is set for 6/19/2019 at 10:00 AM in Courtroom C in Peoria before Magistrate Judge Jonathan E. Hawley. The settlement conference is not a public hearing and is limited in attendance to parties, attorney's of record and persons with settlement authority. Parties to submit directly to chambers a settlement statement stating their position in regard to settlement 3 business days prior to the settlement conference. This shall include history of offers and demands along with a brief statement of position on facts and legal issues. Do not file this statement with the clerk office or exchange with opposing parties. Parties have leave of court to email the statement directly to chambers at hawley@ilcd.uscourts.gov. Entered: 6/11/2019. (WG, ilcd)
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Filing 27
ORDER entered by Judge Joe Billy McDade on 6/10/2019. Plaintiffs Revised Motion to Continue Hearing on Plaintiffs Motion for a Temporary Restraining Order [24/25] is DENIED, Plaintiffs Motion for Temporary Restraining Order #9 is DENIED WITHOUT PREJUDICE, and the hearing set for June 12, 2019, is VACATED. The parties are ORDERED to appear before Magistrate Judge Jonathan E. Hawley for a settlement conference. Plaintiffs may submit a motion seeking a preliminary injunction no later than seven (7) days after that conference; Defendants may respond to any such request within fourteen (14) days, following which a hearing will be set. See full Order attached. (RK, ilcd)
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| Filing 26 RESPONSE to Motion re #25 MOTION to Amend/Correct #24 Joint MOTION to Continue Hearing on Plaintiffs' Motion for a Temporary Restraining Order filed by Defendant Town of Normal. (Smith, Gregory) |
| Filing 25 MOTION to Amend/Correct #24 Joint MOTION to Continue Hearing on Plaintiffs' Motion for a Temporary Restraining Order by Plaintiffs Janean Baird, Lianna Bankord, Elizabeth Beran, Erin Burnison, Brent Goken, Dick Goken, Ed Madison, Brad Mosby, LizBeth Ogiela-Scheck, Ralston Scott Jones, Blair Valentine, Natalie Wetzel, Savannah Wetzel. Responses due by 6/21/2019 (McGrath, William) |
| Filing 24 Joint MOTION to Continue Hearing on Plaintiffs' Motion for a Temporary Restraining Order by Plaintiffs Janean Baird, Lianna Bankord, Elizabeth Beran, Erin Burnison, Brent Goken, Dick Goken, Ed Madison, Brad Mosby, LizBeth Ogiela-Scheck, Ralston Scott Jones, Blair Valentine, Natalie Wetzel, Savannah Wetzel. Responses due by 6/21/2019 (McGrath, William) |
| Filing 23 NOTICE of Appearance of Attorney by Howard Charles Jablecki on behalf of Town of Normal (Jablecki, Howard) |
| Filing 22 NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 5/13/2019, before Judge McDade. Court Reporter/Transcriber L Cosimini, Telephone number 217-355-4227. Transcript purchased by: William McGrath and Gregory Smith. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2019. Redacted Transcript Deadline set for 6/20/2019. Release of Transcript Restriction set for 8/19/2019. (VH, ilcd) |
| Minute Entry for proceedings held before Judge Joe Billy McDade: Parties present via phone with Attys W. McGrath/G. Smith/B. Day/J. O'Rourke for Status Conference held on 5/20/2019. Discussion held re status of the case. Court GRANTS #21 Motion for Extension of Time to Answer. Court sets matter for further hearing re #9 Motion for Temporary Restraining Order on 6/12/2019 at 11:00 AM in Courtroom D in Peoria before Judge Joe Billy McDade. (Court Reporter NM.) (SAG, ilcd) |
| Filing 21 MOTION for Extension of Time to File Answer by Defendant Bush Development LLC. Responses due by 5/31/2019 (O'Rourke, Jason) |
| Filing 20 Joint MOTION to Continue Hearing on Plaintiffs' Motion for a Temporary Restraining Order to June 7, 2019 by Defendant Town of Normal. Responses due by 5/31/2019 (Attachments: #1 Notice of Filing)(Smith, Gregory) |
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TEXT ORDER GRANTING Agreed Motion of Plaintiffs, Defendant Town of Normal and Defendant Bush Construction, LLC to Continue the Hearing on Plaintiffs' Motion for a Temporary Restraining Order #20 . The hearing and further briefing on Plaintiffs' Motion for Temporary Restraining Order #9 is continued. The Court will hold a telephone status conference on Monday, May 20, 2019, at 10:30 a.m., to discuss further proceedings. Counsel to contact the Clerk's Office at 309-671-7117 if they are to be reached at a telephone number that differs from the docket. Entered by Judge Joe Billy McDade on 5/17/2019.(SAG, ilcd)
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| Filing 19 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Bush Development LLC. (O'Rourke, Jason) |
| Filing 18 NOTICE of Appearance of Attorney by Jason J O'Rourke on behalf of Bush Development LLC (O'Rourke, Jason) |
| Minute Entry for proceedings held before Judge Joe Billy McDade: Parties present in o/c by Atty W. McGrath on behalf of the Plfs and Attys G. Smith and B. Day on behalf of Dft Town of Normal for motion hearing held 5/13/2019. Counsel for Dft Bush Development, LLC not present; Plf counsel advise notice of hearing was given. Court announces its understanding of the complaint. Plf counsel responds with argument in support of #9 Motion for Temporary Restraining Order. Dft Town of Normal responds with argument and stipulation. Court takes #9 Motion for Temporary Restraining Order under advisement. Parties are to file supplemental briefs regarding display and or relocation issues prior to the further motion hearing set 5/20/2019. Court sets this matter for further motion hearing on Mon., 5/20/19 at 10:30 AM in Courtroom D in Peoria before Judge Joe Billy McDade. (Court Reporter Lisa Cosmini.) (RK, ilcd) |
| Filing 17 RESPONSE to Motion re #9 MOTION for Temporary Restraining Order filed by Defendant Town of Normal. (Culbertson, Caitlyn) |
| Filing 16 NOTICE of Appearance of Attorney by Caitlyn Rae Culbertson on behalf of Town of Normal (Culbertson, Caitlyn) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Town of Normal. Town of Normal waiver sent on 5/3/2019, answer due 7/2/2019. (Day, Brian) |
| Filing 14 NOTICE of Appearance of Attorney by Brian Douglas Day on behalf of Town of Normal (Day, Brian) |
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Filing 13
ORDER re #9 MOTION for Temporary Restraining Order set for Hearing on 5/13/2019 at 10:00 AM in Courtroom D in Peoria before Judge Joe Billy McDade. Entered by Judge Joe Billy McDade on 5/9/2019. (RK, ilcd)
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| Filing 12 NOTICE of Appearance of Attorney by Gregory Thomas Smith on behalf of Town of Normal (Smith, Gregory) |
| Filing 11 CERTIFICATE of Compliance pursuant to Rule 7.1. (McGrath, William) |
| Filing 10 MEMORANDUM in Support re #9 MOTION for Temporary Restraining Order filed by Plaintiffs Janean Baird, Lianna Bankord, Elizabeth Beran, Erin Burnison, Brent Goken, Dick Goken, Ed Madison, Brad Mosby, LizBeth Ogiela-Scheck, Ralston Scott Jones, Blair Valentine, Natalie Wetzel, Savannah Wetzel. (Attachments: #1 Affidavit Declaration of Natalie Wetzel, #2 Exhibit A - May 2011 Correspondence, #3 Exhibit B - Call to Artists, #4 Exhibit C - News Articles, #5 Exhibit D - Excerpt Town Newsletters, #6 Exhibit E - Town of Normal Social Media, #7 Exhibit F - Comprehensive Plan 2040, #8 Exhibit G - Excerpts Council Report Jan 2018, #9 Exhibit H - Excerpts Council Report Oct 2018, #10 Exhibit I - Petition, #11 Exhibit J - News Articles (part 1), #12 Exhibit J - News Articles (part 2), #13 Exhibit K - Public Social Media, #14 Exhibit L - Excerpts Council Report Feb 2019, #15 Affidavit Declaration of William T. McGrath, #16 Exhibit M - Excerpts Council Report Jan 2019)(McGrath, William) |
| Filing 9 MOTION for Temporary Restraining Order by Plaintiffs Janean Baird, Lianna Bankord, Elizabeth Beran, Erin Burnison, Brent Goken, Dick Goken, Ed Madison, Brad Mosby, LizBeth Ogiela-Scheck, Ralston Scott Jones, Blair Valentine, Natalie Wetzel, Savannah Wetzel. Responses due by 5/22/2019 (Attachments: #1 Text of Proposed Order Ex. A - Proposed Order)(McGrath, William) |
| Filing 8 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Janean Baird, Lianna Bankord, Elizabeth Beran, Erin Burnison, Brent Goken, Dick Goken, Ed Madison, Brad Mosby, LizBeth Ogiela-Scheck, Ralston Scott Jones, Blair Valentine, Natalie Wetzel, Savannah Wetzel. (Adler, Amy) |
| Filing 7 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Town of Normal on 05/03/2019. (Adler, Amy) |
| Set/Reset Deadlines: Answer ddl of 5/20/2019 as to Town of Normal and Bush Development, LLC. (RK, ilcd) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Bush Development LLC on April 29, 2019, filed by Janean Baird, Lianna Bankord, Elizabeth Beran, Erin Burnison, Brent Goken, Dick Goken, Ed Madison, Brad Mosby, LizBeth Ogiela-Scheck, Ralston Scott Jones, Blair Valentine, Natalie Wetzel. (Adler, Amy) |
| Filing 5 Summons Issued as to Bush Development LLC, Town of Normal. (RK, ilcd) |
| Filing 4 NOTICE of Appearance of Attorney by Amy T Adler on behalf of All Plaintiffs (Adler, Amy) |
| Filing 3 REPORT on the filing or determination of an action regarding copyright by Janean Baird, Lianna Bankord, Elizabeth Beran, Erin Burnison, Brent Goken, Dick Goken, Ed Madison, Brad Mosby, LizBeth Ogiela-Scheck, Ralston Scott Jones, Blair Valentine, Natalie Wetzel, Savannah Wetzel. (RK, ilcd) |
| Filing 2 NOTICE of Appearance of Attorney by William T McGrath on behalf of All Plaintiffs (McGrath, William) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-3090635.), filed by Dick Goken, Blair Valentine, Erin Burnison, Ralston Scott Jones, Brad Mosby, Natalie Wetzel, Lianna Bankord, Ed Madison, Janean Baird, Elizabeth Beran, Savannah Wetzel, LizBeth Ogiela-Scheck, Brent Goken. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(McGrath, William) |
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