Boone et al v. Illinois Department of Corrections (IDOC) et al
| Alvin Boone, Brandon Hester, Lindsey Quisenberry, Tammy Parkhill and Susan Christner |
| Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Veteran Affairs, Illinois Department of Juvenile Justice, Illinois Department of Central Management Services, Illinois Department of Public Health, JB Pritzker and Jay R Pritzker |
| 3:2021cv03229 |
| October 26, 2021 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| James E Shadid |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
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Filing 18
CERTIFICATE of Service. (Hager, Bethany)
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Filing 17
MEMORANDUM in Opposition re #14 MOTION to Dismiss Plaintiffs' Complaint filed by Plaintiffs Alvin Boone, Susan Christner, Brandon Hester, Tammy Parkhill, Lindsey Quisenberry. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Exhibit B to Amended Complaint, #3 Exhibit Exhibit C to Amended Complaint, #4 Exhibit Exhibit D to Amended Complaint, #5 Exhibit Exhibit H to Amended Complaint, #6 Exhibit Exhibit I to Amended Complaint, #7 Exhibit Exhibit J to Amended Complaint)(Hager, Bethany)
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Filing 16
MEMORANDUM re #14 MOTION to Dismiss Plaintiffs' Complaint by Illinois Department of Central Management Services, Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Juvenile Justice, Illinois Department of Public Health, Illinois Department of Veteran Affairs, Jay R Pritzker. (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, #9 Exhibit 9, #10 Exhibit 10)(AH)
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TEXT ONLY ORDER: Local Rule 7.1(B)(1) provides, "[e]very motion raising a question of law must include a Memorandum of Law including a brief statement of the specific points or propositions of law and supporting authorities upon which the moving parties relies, identifying the Rule under which the motion is filed." In this case, Plaintiffs have filed a Motion #8 to Certify Class which, apart from a glancing reference to Fed. R. Civ. P. 23, does not identify any legal authority or analysis in support of its request. Plaintiffs have also filed a Motion #9 for Preliminary Injunction. That Motion is likewise devoid of any legal authority or analysis in support of its request. It does not cite any federal rule, nor does it set forth any standards for granting or denying an injunction. Plaintiffs have also filed a Motion #10 for Temporary Restraining Order. That Motion is likewise devoid of any legal authority or analysis in support of its request. It does not cite any federal rule, nor does it set forth any standards for granting or denying a restraining order. These motions #8 #9 #10 are therefore STRICKEN with leave to refile in accordance with the Federal and Local Rules. Should Plaintiffs refile the above motions with proper legal support, they are advised that such motions should be complete and provide a roadmap for the Court to grant the relief requested. The Court will not grant Plaintiffs leave to file a Reply (see Local Rule 7.1(B)(3), requiring leave of court to file a reply) if it finds Plaintiffs should reasonably have addressed the issue in their original motion. Further, the Court notes that the essence of Plaintiffs requests relate to relief from a government mandated vaccine requirement. This is not the first case in the nation addressing vaccine mandates, and the Court expects the parties, whether in their motions or in their responses, to thoroughly address relevant precedent, both favorable and unfavorable, in their filings. Further, while Plaintiffs seek emergency immediate relief, it appears from the record in this case that Plaintiffs were aware of the mandate since at least September of this year, giving counsel months to prepare and research the issues at hand. Thus, briefing deficiencies will not be excused just because Plaintiffs seek immediate relief. In light of the above, Defendants Motion #5 to stay briefing is MOOT; Defendants Motion #11 to Stay briefing regarding class certification is MOOT; Defendants Motion #12 for Extension of Time to answer is MOOT; Defendants Motion #14 to Dismiss remains pending with a respond due on or before 12/16/2021; and Defendants Motion #15 for Leave to File Excess Pages is GRANTED as to the motion to dismiss. The Clerk is directed to file #15 -1 as a separate docket entry titled "Memorandum in Support of Motion to Dismiss." The Court sua sponte suspends page limitations for all future motions and responses until further order of the Court. Finally, the Court will not consider any motion for extension of time unless the movant represents that they have contacted opposing counsel to ask for their consent at least 24 hours before such deadline elapses. Entered by Judge James E. Shadid on 12/6/2021. (AH)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on December 6, 2021. This case is reassigned to Judge James E. Shadid for all further proceedings. (HR)
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Filing 15
MOTION for Leave to File Excess Pages by Defendants Illinois Department of Central Management Services, Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Juvenile Justice, Illinois Department of Public Health, Illinois Department of Veteran Affairs, Jay R Pritzker. Responses due by 12/16/2021 (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Bautista, Laura)
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Filing 14
MOTION to Dismiss Plaintiffs' Complaint by Defendants Illinois Department of Central Management Services, Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Juvenile Justice, Illinois Department of Public Health, Illinois Department of Veteran Affairs, Jay R Pritzker. Responses due by 12/16/2021 (Bautista, Laura)
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Case reassigned to Judge Michael M. Mihm and Magistrate Judge Jonathan E. Hawley. Judge Sue E. Myerscough and Magistrate Judge Tom Schanzle-Haskins no longer assigned to the case. (MAS)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on December 2, 2021. This case is reassigned to Judge Michael M. Mihm and Magistrate Judge Jonathan E. Hawley. (MAS)
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Filing 13
RESPONSE to Motion re #5 MOTION to Stay, #4 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motions for Temporary Restraining Order and Preliminary Injunction filed by Plaintiffs Alvin Boone, Susan Christner, Brandon Hester, Tammy Parkhill, Lindsey Quisenberry. (Attachments: #1 Exhibit Plaintiff and Witness Declarations, #2 Exhibit MOU / Vaccine Policy, #3 Exhibit CMS Religious Exemption Form, #4 Exhibit Email Request More Information, #5 Exhibit Substantial Burden Statement)(Hager, Bethany)
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Filing 12
MOTION for Extension of Time to File Answer re Notice of Docket Text or Event Modification, #7 , MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Temporary Restraining Order , #9 MOTION for Preliminary Injunction by Defendants Illinois Department of Central Management Services, Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Juvenile Justice, Illinois Department of Public Health, Illinois Department of Veteran Affairs, Jay R Pritzker. Responses due by 12/6/2021 (Bautista, Laura)
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Filing 11
MOTION to Stay re #8 MOTION to Certify Class by Defendants Illinois Department of Central Management Services, Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Juvenile Justice, Illinois Department of Public Health, Illinois Department of Veteran Affairs, Jay R Pritzker. Responses due by 12/6/2021 (Bautista, Laura)
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Notice of Docket Text or Event Modification regarding #7 Proposed MOTION to Amend/Correct Complaint: Per the Court's Text Order entered 11/17/2021, Clerk modified d/e 7 to correct the entry to an "Amended Complaint" instead of a "Proposed Motion". (MAS)
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TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiffs' Motion for Leave to file Instanter Amended Verified Class Action Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunctive Relief, Declaratory Relief and Damages #6 is ALLOWED. The Plaintiffs' Amended Verified Class Action Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunctive Relief, Declaratory Relief and Damages #7 (Amended Complaint) is deemed properly filed. Defendants are directed to respond to the Amended Complaint by 11/23/2021. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/17/2021. (MAS)
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Filing 10
STRICKEN WITH LEAVE TO REFILE PURSUANT TO TEXT ORDER ENTERED 12/6/2021. MOTION for Temporary Restraining Order by Plaintiffs Alvin Boone, Susan Christner, Brandon Hester, Tammy Parkhill, Lindsey Quisenberry. Responses due by 11/26/2021 (Attachments: #1 Exhibit Layoff / Discipline Notice, #2 Exhibit FAQs re Layoff / Discipline, #3 Exhibit Substantial Burden Statement)(Hager, Bethany) Modified on 12/6/2021 (AH).
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Filing 9
STRICKEN WITH LEAVE TO REFILE PURSUANT TO TEXT ORDER ENTERED 12/6/2021. MOTION for Preliminary Injunction by Plaintiffs Tammy Parkhill, Lindsey Quisenberry. Responses due by 11/26/2021 (Attachments: #1 Exhibit Layoff / Discipline Notice, #2 Exhibit FAQs re Layoff / Discipline, #3 Exhibit Substantial Burden Statement)(Hager, Bethany) Modified on 12/6/2021 (AH).
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Filing 8
STRICKEN WITH LEAVE TO REFILE PURSUANT TO TEXT ORDER ENTERED 12/6/2021. MOTION to Certify Class by Plaintiffs Alvin Boone, Susan Christner, Brandon Hester, Tammy Parkhill, Lindsey Quisenberry. Responses due by 11/26/2021 (Attachments: #1 Exhibit Proposed Class List)(Hager, Bethany) Modified on 12/6/2021 (AH).
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Filing 7
Proposed MOTION to Amend/Correct Complaint by Plaintiffs Alvin Boone, Susan Christner, Brandon Hester, Tammy Parkhill, Lindsey Quisenberry. Responses due by 11/23/2021 (Attachments: #1 Exhibit Proposed Class List, #2 Exhibit MOU / Vaccine Policy, #3 Exhibit Updated Vaccine Policy, #4 Exhibit CMS Religious Exemption Form, #5 Exhibit Email requesting Additional Information, #6 Exhibit Email to Personnel, #7 Exhibit Layoff / Discipline FAQ, #8 Exhibit Email re Substantial Burden, #9 Exhibit BioNTech Letter August 2021, #10 Exhibit Pfizer Letter 2021)(Hager, Bethany)
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Filing 6
MOTION to Amend/Correct Complaint by Plaintiffs Alvin Boone, Susan Christner, Brandon Hester, Tammy Parkhill, Lindsey Quisenberry. Responses due by 11/23/2021 (Hager, Bethany)
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Notice of Docket Text or Event Modification re #5 MOTION to Stay. Clerk corrected event type and regenerated to parties. (GL)
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TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motions for Temporary Restraining Order and Preliminary Injunction #4 is ALLOWED. Plaintiffs have no objection to the Motion. Defendants are given until 11/12/2021 to respond to the Motion for Temporary Restraining Order and Motion for Preliminary Injunction attached to the Notice of Removal #1 . (LB)
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Filing 5
MOTION TO STAY BRIEFING on Plaintiff's Motion to Certify the Class by Defendants Illinois Department of Central Management Services, Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Juvenile Justice, Illinois Department of Public Health, Illinois Department of Veteran Affairs, JB Pritzker. Responses due by 11/18/2021 (Bautista, Laura) Modified to correct event type on 11/5/2021 (GL).
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Filing 4
MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motions for Temporary Restraining Order and Preliminary Injunction by Defendants Illinois Department of Central Management Services, Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Juvenile Justice, Illinois Department of Public Health, Illinois Department of Veteran Affairs, JB Pritzker. Responses due by 11/18/2021 (Bautista, Laura)
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TEXT ORDER OF RECUSAL: Judge Sue E. Myerscough disqualifies and recuses herself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Sara Darrow for reassignment. Entered by Judge Sue E. Myerscough on 11/2/2021. (MAS)
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TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Notice of Removal filed 10/26/2021 reviewed. Plaintiffs are given to 11/26/2021 to file objections and a motion to remand. Failure to do so is deemed to mean Plaintiffs have no legal opposition to removal and this case may proceed in this court. Entered by Magistrate Judge Tom Schanzle-Haskins on 10/28/2021. (MAS)
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Filing 3
NOTICE of Appearance of Attorney by Joshua D Ratz on behalf of Illinois Department of Central Management Services, Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Juvenile Justice, Illinois Department of Public Health, Illinois Department of Veteran Affairs, Jay Robert Pritzker (Ratz, Joshua)
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Filing 2
NOTICE of Appearance of Attorney by Laura K Bautista on behalf of Illinois Department of Central Management Services, Illinois Department of Corrections (IDOC), Illinois Department of Human Services, Illinois Department of Juvenile Justice, Illinois Department of Public Health, Illinois Department of Veteran Affairs, Jay Robert Pritzker (Bautista, Laura)
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Filing 1
NOTICE OF REMOVAL from Eighth Judicial Circuit Adams County, case number 2021MR219 (Filing fee $ 402 receipt number AILCDC-3790736), filed by Illinois Department of Corrections (IDOC), Illinois Department of Public Health, Illinois Department of Human Services, Illinois Department of Juvenile Justice, Jay Robert Pritzker, Illinois Department of Veteran Affairs, Illinois Department of Central Management Services. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1. Complaint, #3 Exhibit 2. Motion to Certify Class, #4 Exhibit 3. Motion for Preliminary Injunction, #5 Exhibit 4. Motion for Temporary Restraining Order, #6 Exhibit 5. Notice of Hearing regarding TRO)(Bautista, Laura)
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