Roberts et al v. Department of Children and Family Services (DCFS) et al
| Brandie Roberts and L.S. |
| John Doe 5, John Doe 2, John Doe 1, Ashleigh Ruark, Berg's Towing and Automotive Inc, Denise Simkins, John Doe 4, Officer Michael Ingles, Officer Amber Schlomer, John Doe 3, Misty Lampley, Officer Fox, Galesburg Police Department, Department of Children and Family Services (DCFS) and Jason Jording |
| 4:2024cv04176 |
| September 30, 2024 |
| U.S. District Court for the Central District of Illinois |
| Sara Darrow |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2025. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Chief Judge Sara Darrow on 11/17/2024. Due to Judge Jonathan E. Hawley's confirmation as a District Judge, this case is no longer referred to Judge Jonathan E. Hawley. Any previously scheduled hearings are reset before the presiding judge.
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| Filing 14 MOTION for Waiver of PACER Fees by Plaintiff Brandie Roberts. Responses due by 11/22/2024 (DW) |
| Filing 13 PROPOSED SUMMONSES FOR ISSUANCE filed by Brandie Roberts. (Attachments: #1 USM 285 - Ruark, #2 Summons - Dft Berg, #3 USM 285 - Berg, #4 Summons - Dft City of Galesburg, #5 USM 285 - City of Galesburg, #6 Summons - Dft DCFS, #7 USM 285 - DCFS, #8 Summons - Dft Simkins, #9 USM 285 - Simpkins, #10 Summons - Dft Galesburg Police Department, #11 USM 285 - Galesburg Police Department, #12 Summons - Dft Ingles, #13 USM 285 - Ingles, #14 Summons - Dft Jording, #15 USM 285 - Jording, #16 Summons - Dft Lampley, #17 USM 285 - Lampley, #18 Summons - Dft Schlomer, #19 USM 285 - Schlomer, #20 USM 285 - Fox)(JJK) |
| Filing 12 NOTICE of Appearance of Attorney by Melinda S Madison on behalf of Department of Children and Family Services (DCFS) (Madison, Melinda) |
| Filing 11 REDACTION motion to proceed in forma pauperis by Brandie Roberts. (Roberts, Brandie) |
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Filing 10
ORDER entered by Chief Judge Sara Darrow on October 17, 2024. Plaintiff's #7 Emergency Petition for Injunctive Relief and Temporary Restraining Order is DENIED. (AV)
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| Filing 9 OFFER OF PROOF re #7 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction of effort of service by Brandie Roberts. (Attachments: #1 Exhibit A. proof of service)(Roberts, Brandie) |
| Filing 8 AFFIDAVIT re #7 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction by Brandie Roberts. (Roberts, Brandie) |
| Filing 7 Emergency MOTION for Temporary Restraining Order , Emergency MOTION for Preliminary Injunction by Plaintiff Brandie Roberts. Responses due by 10/18/2024 (Attachments: #1 Exhibit emails with public defender, #2 osf my chart, #3 appellate brief, #4 DCFS phone logs, #5 DCFS appeal decision, #6 photos of bus and home, #7 diesel heater reciept, #8 Sherwin v roberts, #9 DCFS appeal emails, #10 people v roberts, #11 l.s. book, #12 Ashley ruark emails, #13 ashley ruark emails 2, #14 motion to dismiss petition for wardship, #15 DCFS investigation file, #16 Zimmerman emails3, #17 Zimmerman emails 1, #18 zimmerman emails 2, #19 PETITION for wardship)(Roberts, Brandie) |
| Filing 6 REDACTION motion to efile by Brandie Roberts. (Roberts, Brandie) |
| Filing 5 Redacted Complaint re #1 Complaint by Plaintiff Brandie Roberts. Responses due by 10/30/2024 (Roberts, Brandie) Modified on 10/17/2024 per the footnote in 10/17/2024 Order. (SB). |
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TEXT ORDER entered by Chief Judge Sara Darrow on October 16, 2024. Plaintiff Brandie Roberts's #2 motion for leave to proceed in forma pauperis is GRANTED. Plaintiff filed an #7 Emergency Petition for Injunctive Relief and Temporary Restraining Order seeking to enjoin the Department of Children and Family Services from proceeding on a petition for wardship of her son. She states that a hearing on the petition is scheduled for Friday October 18, 2024. Under Federal Rule of Civil Procedure 65(a), a preliminary injunction may only be issued with notice to the adverse party. Under Rule 65(b)(1), a temporary restraining order may be issued without notice to the adverse party or its attorney only if "specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition" and "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Plaintiff's #7 Emergency Petition for Injunctive Relief and Temporary Restraining Order does not comply with the procedural requirements of Rule 65(b)(1) so the Court cannot grant a temporary restraining order. Plaintiff did not file a verified complaint or an affidavit. Plaintiff indicates that she served a copy of her motion upon the parties "by the court's e filing service," #7 Emergency Pet. 33, but no defendant has been served and no defendant has entered an appearance in the case, so Plaintiff cannot have used the Court's e-filing system to provide notice to defendants of her motion. Plaintiff is DIRECTED to provide notice to Defendants or their attorneys of the #7 Emergency Petition for Injunctive Relief and Temporary Restraining Order. Plaintiff is DIRECTED to provide proof of such notice by 12:00 PM Thursday October 17, 2024. (AV)
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TEXT ORDER entered by Chief Judge Sara Darrow on October 16, 2024. The Clerk is directed to SEAL the exhibits to the #7 Emergency Petition for Injunctive Relief and Temporary Restraining Order due to inclusion of Plaintiff's son's name throughout the exhibits as well as inclusion of full dates of birth for third parties. Plaintiff is reminded again of her obligation to comply with Civil Local Rule 5.11 and Federal Rule of Civil Procedure 5.2. Federal Rule of Civil Procedure 5.2(a)(2) requires using only the year of an individual's birth date and (a)(3) requires using only a minor's initials. The Court will determine whether to direct Plaintiff to file redacted versions of her exhibits after it rules on the #7 Emergency Petition for Injunctive Relief and Temporary Restraining Order. Cf. Fed. R. Civ. P. 5(d) ("The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record."). (AV)
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TEXT ORDER: Plaintiffs #3 Motion for CM/ECF access is GRANTED. Plaintiff is directed to register for electronic filing by 1) obtaining a Pacer Account at www.pacer.gov and then 2) requesting filer permission by following the instructions found at Registering for an E-Filing Account at the bottom of the Courts web page at https://www.ilcd.uscourts.gov/content/attorney-admission-pacer. Entered by Magistrate Judge Jonathan E. Hawley on 10/2/24. (WG)
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TEXT ORDER: The Clerk is directed to place UNDER SEAL the Plaintiff's #1 Complaint, #2 Application to Proceed in District Court Without Prepaying Fees or Costs, and #3 Motion for Leave to Electronically File Documents. All three of those filings contain the name of an individual known to be minor. See Fed. R. Civ. P. 5.2(a). The Plaintiff is reminded of her obligation to comply with Civil Local Rule 5.11 and Rule 5.2 of the Federal Rules of Civil Procedure. Accordingly, the Plaintiff is directed to file REDACTED copies of her Complaint, Application to Proceed in District Court Without Prepaying Fees or Costs, and Motion for Leave to Electronically File Documents by 10/16/2024. Entered by Magistrate Judge Jonathan E. Hawley on 10/2/2024. (KZ)
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| Filing 4 MOTION to Request Counsel by Plaintiff Brandie Roberts. Responses due by 10/15/2024. (SB) |
| Filing 3 MOTION for Leave to Electronically File Documents by Plaintiff Brandie Roberts. Responses due by 10/15/2024. (SB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Brandie Roberts. Responses due by 10/15/2024 (SB) |
| Filing 1 COMPLAINT against All Defendants, filed by Leonidas Sherwin, Brandie Roberts. (Attachments: #1 Civil Cover Sheet)(SB) |
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