Raila v The Cook County Officers Electoral Board and its Members et al
Andrea Raila and Andrea A. Raila |
Kimberly Foxx, David Orr, Jonathan Swain, Dorothy Brown, Christopher Agrella, Marisel Hernandez, The Chicago Board of Election Commissioners and its Members, The Cook County Officers Electoral Board and its Members and William Kresse |
1:2019cv07580 |
November 18, 2019 |
US District Court for the Northern District of Illinois |
Thomas M Durkin |
Civil Rights: Other |
28 U.S.C. § 1331 |
None |
Docket Report
This docket was last retrieved on November 8, 2021. A more recent docket listing may be available from PACER.
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Filing 82 MINUTE entry before the Honorable Thomas M. Durkin: In the course of reviewing the docket, the Court discovered that there are two motions filed by Plaintiff Raila to amend/correct her complaint that technically remain pending R. #41 and R. #42 . Those motions were later updated and refiled at R. #53 . Because the Court granted the motion at R. #53 , Plaintiff Raila's motions at R. #41 and R. #42 are denied as moot. Mailed notice. (ecw, ) |
Filing 81 REPLY by Defendants Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members to Motion to Dismiss for Failure to State a Claim, #68 Defendants Chicago Board of Election Commissioners, Marisel Hernandez, William Kresse, and Jonathan Swain's Reply in Support of Their Motion to Dismiss Plaintiff's Third Amended Complaint (Burns, Daniel) |
Filing 80 REPLY by Defendants Dorothy Brown, David Orr, Kimberly Foxx, The Cook County Officers Electoral Board and its Members in support of its Motion to Dismiss Plaintiff's Third Amended Complaint (Morris, Patrick) |
Filing 79 MINUTE entry before the Honorable Thomas M. Durkin: Motion for extension of time to file response/reply #78 is granted. Defendants Chicago Board of Election Commissioners, Marisel Hernandez, William Kresse, and Jonathan Swain are to file their reply in support of their motion to dismiss #68 by 12/23/2020. Mailed notice. (ecw, ) |
Filing 78 MOTION by Defendants Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim, #68 CBEC Defendants' Unopposed Motion for Extension of Time to File Their Reply in Support of Their Motion to Dismiss (Burns, Daniel) |
Filing 77 RESPONSE by Plaintiff Andrea A. Raila to Motion to Dismiss for Failure to State a Claim #74 , Motion to Dismiss for Failure to State a Claim, #68 (Byrne, Lawrence) |
Filing 76 MINUTE entry before the Honorable Thomas M. Durkin: Agreed motion to file combined response brief in excess of fifteen pages #75 is granted. Plaintiff may file her Combined Response to (1) the County Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint and (2) Defendants Chicago Board of Election Commissioners, Marisel Hernandez, William Kresse and Jonathan Swain's Motion to Dismiss Plaintiff's Third Amended Complaint, which is 28 pages in length. Mailed notice. (ecw, ) |
Filing 75 MOTION by Plaintiff Andrea A. Raila for leave to file Her Combined Response Brief to Defendants' Motions to Dismiss Her Third Amended Complaint in Excess of Fifteen Pages (Attachments: #1 Exhibit A)(Byrne, Lawrence) |
Filing 74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Dorothy Brown, David Orr, Kimberly Foxx, The Cook County Officers Electoral Board and its Members (Plaintiff's Third Amended Complaint) (Morris, Patrick) |
Filing 73 MINUTE entry before the Honorable Thomas M. Durkin: By agreement of the parties, the following briefing schedule on the Defendants' motions to dismiss is entered. Plaintiff's response to the Chicago Board of Election Commissioners Defendants' motion to dismiss #68 and the Cook County Defendants' motion to dismiss is due 11/19/2020. All Defendants' replies are due 12/10/2020. Mailed notice. (ecw, ) |
Filing 72 MINUTE entry before the Honorable Thomas M. Durkin: Hearing on motion to dismiss set for 10/15/2020 is vacated. Parties are to submit a joint proposed briefing schedule on the motions to dismiss by 10/15/2020. Mailed notice. (ecw, ) |
Filing 71 MINUTE entry before the Honorable Thomas M. Durkin: Hearing on motion to dismiss for failure to state a claim #68 on 10/15/2020 at 9:00 a.m. will be held telephonically. To join the telephone hearing, dial 877-402-9757, Access Code 4410831. Mailed notice. (ecw, ) |
Filing 70 MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to answer #66 is granted. County Defendants are to file their responsive pleadings to Plaintiff's Third Amended Complaint by October 22, 2020. Mailed notice. (ecw, ) |
Filing 69 NOTICE of Motion by Daniel Jerome Burns for presentment of Motion to Dismiss for Failure to State a Claim, #68 before Honorable Thomas M. Durkin on 10/15/2020 at 09:00 AM. (Burns, Daniel) |
Filing 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members Defendants Chicago Board of Election Commissioners, Marisel Hernandez, William Kresse, and Jonathan Swain Motion to Dismiss Plaintiff's Third Amended Complaint (Burns, Daniel) |
Filing 67 NOTICE of Motion by Patrick Daniel Morris for presentment of extension of time #66 before Honorable Thomas M. Durkin on 10/15/2020 at 09:00 AM. (Morris, Patrick) |
Filing 66 MOTION by Defendants Dorothy Brown, David Orr, Kimberly Foxx, The Cook County Officers Electoral Board and its Members for extension of time to file responsive pleading (unopposed) (Morris, Patrick) |
Filing 65 MINUTE entry before the Honorable Thomas M. Durkin: Motion to withdraw as attorney #63 is granted. Attorney Joi Kamper terminated. Mailed notice. (ecw, ) |
Filing 64 NOTICE of Motion by Joi Kamper for presentment of motion to withdraw as attorney #63 before Honorable Thomas M. Durkin on 9/15/2020 at 09:00 AM. (Kamper, Joi) |
Filing 63 MOTION by Attorney Joi Kamper to withdraw as attorney for Christopher Agrella, Dorothy Brown, David Orr, Kimberly Foxx, The Cook County Officers Electoral Board and its Members. No party information provided (Kamper, Joi) |
Filing 62 MINUTE entry before the Honorable Thomas M. Durkin: Motion for extension of time #60 is granted. Defendants have until 10/08/2020 to answer or otherwise plead. Mailed notice. (ecw, ) |
Filing 61 UNOPPOSED NOTICE of Motion by Daniel Jerome Burns for presentment of extension of time, #60 before Honorable Thomas M. Durkin on 9/10/2020 at 09:00 AM. (Burns, Daniel) |
Filing 60 MOTION by Defendants Dorothy Brown, Kimberly Foxx, Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members, The Cook County Officers Electoral Board and its Members for extension of time Defendants' Unopposed Joint Motion for Extension of Time to File Responsive Pleadings (Burns, Daniel) |
Filing 59 ATTORNEY Appearance for Defendants Marisel Hernandez, William Kresse, Jonathan Swain by Daniel Jerome Burns (Burns, Daniel) |
Filing 58 ATTORNEY Appearance for Defendants Marisel Hernandez, William Kresse, Jonathan Swain by Daniel Matthew Noland (Noland, Daniel) |
Filing 57 ATTORNEY Appearance for Defendants Marisel Hernandez, William Kresse, Jonathan Swain by Terrence Michael Burns (Burns, Terrence) |
Filing 56 Third AMENDED complaint by Andrea A. Raila against Dorothy Brown, David Orr, Kimberly Foxx, Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members, The Cook County Officers Electoral Board and its Members (Byrne, Lawrence) |
Filing 55 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for leave to file an amended complaint #53 is granted. Defendants are to answer or otherwise plead by 9/10/2020.Mailed notice (ewf, ) |
Filing 54 MINUTE entry before the Honorable Thomas M. Durkin:On 7/17/20, new counsel for plaintiff filed appearances (R50,51) New counsel are attorneys at the law firm of Pederson & Houpt. Judge Durkin's brother, Michael Durkin, is an income partner at that firm. As an income partner, he does not in any way have a financial interest in this case. Moreover, he is not involved in the representation of the plaintiff. He is the firm practice leader in the Trust and Estates Controversy Practice Group. The Court does not believe this requires recusal and enters this order as a matter of disclosure. If either party wants the Court to recuse itself, an appropriate motion should be made, and the Court will consider it. Mailed notice (srn, ) |
Filing 53 MOTION by Plaintiff Andrea A. Raila for leave to file an Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Brennan, Bevin) |
Filing 52 ATTORNEY Appearance for Defendants Dorothy Brown, Kimberly Foxx, The Cook County Officers Electoral Board and its Members by Lyle Kevin Henretty (Henretty, Lyle) |
Filing 51 ATTORNEY Appearance for Plaintiff Andrea A. Raila by Lawrence W. Byrne (Byrne, Lawrence) |
Filing 50 ATTORNEY Appearance for Plaintiff Andrea A. Raila by Bevin Megan Brennan (Brennan, Bevin) |
Filing 49 MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion for leave to withdraw and to substitute counsel and for an extension of time to file proposed Third Amended Complaint #44 #45 is granted. Attorneys Lawrence Byrne and Bevin Brennan are granted leave to file an appearance on behalf of the plaintiff. An amended motion for leave to file a Third Amended Complaint is to be filed by 7/24/2020. Attorney Steven Russell Smith terminated.Mailed notice (srn, ) |
Filing 48 ATTORNEY Appearance for Defendant The Chicago Board of Election Commissioners and its Members by Daniel Jerome Burns (Burns, Daniel) |
Filing 47 ATTORNEY Appearance for Defendant The Chicago Board of Election Commissioners and its Members by Daniel Matthew Noland (Noland, Daniel) |
Filing 46 ATTORNEY Appearance for Defendant The Chicago Board of Election Commissioners and its Members by Terrence Michael Burns (Burns, Terrence) |
Filing 45 MOTION by Plaintiff Andrea A. Raila to substitute attorney (Smith, Steven) |
Filing 44 MOTION by Plaintiff Andrea A. Raila to substitute attorney (Smith, Steven) |
Filing 43 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket) |
Filing 42 MOTION by Plaintiff Andrea A. Raila to amend/correct (Attachments: #1 Amened Complaint)(Smith, Steven) |
Filing 41 MOTION by Plaintiff Andrea A. Raila to amend/correct (Attachments: #1 Amened Complaint, #2 Brief)(Smith, Steven) |
Filing 40 MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff did not submit a redlined comparison between the complaint that was dismissed and the proposed amended complaint as instructed by the Court in its previous dismissal order, R. #37 , and the amended complaint appears to be identical to the previous complaint. Plaintiff has until 7/14/20 to submit a proposed amended complaint and a redlined copy showing the changes from the previous complaint or the case will be dismissed with prejudice. Plaintiff's motions to file an amended complaint #38 #39 are denied.Mailed notice (srn, ) |
Filing 39 MOTION by Plaintiff Andrea A. Raila to amend/correct (Smith, Steven) |
Filing 38 MOTION by Plaintiff Andrea A. RailaFile amended complaint (Attachments: #1 Amened Complaint, #2 Brief)(Smith, Steven) |
Filing 37 MEMORANDUM Opinion and Order: Because the parties did not address res judicata, and in an abundance of caution, the Court dismisses both Counts I and II without prejudice. If Plaintiffs believe they can cure the deficiencies identified consistent with Rule 11 obligations, they may move for leave to file an amended complaint by July 8, 2020. The motion should attach a redlined comparison between the current complaint and the proposed amended complaint, and it should be supported by a brief of no more than five pages describing how the proposed amended complaint cures the deficiencies. Should Plaintiffs choose to file an amended complaint, they must clearly describe the parties and the nature of their claims, and identify the specific statutes and/or protocols from which they allege the Defendants deviated.Defendants' motion to dismiss is granted. #19 Signed by the Honorable Thomas M. Durkin on 6/8/2020:Mailed notice(srn, ) |
Filing 36 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket8, ) |
Filing 35 REPLY by Defendants Christopher Agrella, Dorothy Brown, David Orr, Kimberly Foxx, The Cook County Officers Electoral Board and its Members to memorandum in support of motion #20 to dismiss Plaintiffs' Complaint (Kamper, Joi) |
Filing 34 MINUTE entry before the Honorable Thomas M. Durkin:By agreement of the parties, defendants' reply brief to its Motion to Dismiss for Failure to State a Claim #19 , is due by 5/26/2020.Mailed notice (srn, ) |
Filing 33 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket7, ) |
Filing 32 ORDER CORRECTED ENTRY: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice...Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020:Mailed notice(docket7, ) |
Filing 31 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/23/2020: Mailed notice. (docket7, ) |
Filing 30 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance. Mailed notice. (jjr, ) |
Filing 29 MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion for leave to file an amended complaint #25 is granted. No appearance is required on 3/19/2020. The 4/23/2020 status hearing is vacated. The Court will rule by mail on the motion to dismiss. Mailed notice (srn, ) |
Filing 28 NOTICE of Motion by Steven Russell Smith for presentment of before Honorable Thomas M. Durkin on 3/19/2020 at 09:00 AM. (Smith, Steven) |
Filing 27 AMENDED Amended Complaint (Smith, Steven) |
Filing 26 AMENDED complaint by Plaintiff Andrea A. Raila Amended Complaint (Smith, Steven) Modified on 3/16/2020 (las, ). |
Filing 25 MOTION by Plaintiff Andrea A. Raila for leave to file (Smith, Steven) |
Filing 24 Brief in Opp to MTD by Andrea A. Raila (Smith, Steven) |
Filing 23 MINUTE entry before the Honorable Thomas M. Durkin:Defendants' The Chicago Board of Election Commissioners, including members, Marisel Hernandez, William Kresse, and Johnathan Swain's motion to withdraw as attorney #18 is granted. Status hearing held on 2/10/2020. Attorney Joi Kamper and Patrick Daniel Morris terminated. Plaintiff's response to Defendants' motion to Dismiss for Failure to State a Claim #19 is due by 3/9/2020. Defendants' reply is due by 3/23/2020. Status hearing set for 4/23/2020 at 09:00 AM.Mailed notice (srn, ) |
Filing 22 STATUS Report by Andrea A. Raila (Smith, Steven) |
Filing 21 NOTICE of Motion by Joi Kamper for presentment of motion to withdraw as attorney #18 before Honorable Thomas M. Durkin on 2/10/2020 at 09:00 AM. (Kamper, Joi) |
Filing 20 MEMORANDUM by Christopher Agrella, Dorothy Brown, David Orr, Kimberly Foxx, The Cook County Officers Electoral Board and its Members in support of Motion to Dismiss for Failure to State a Claim #19 (Kamper, Joi) |
Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Christopher Agrella, Dorothy Brown, David Orr, Kimberly Foxx, The Cook County Officers Electoral Board and its Members (Kamper, Joi) |
Filing 18 MOTION by Attorney Joi Kamper and Patrick Morris to withdraw as attorney for Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members. (Kamper, Joi) |
Filing 17 NOTICE of Motion by Joi Kamper for presentment of before Honorable Thomas M. Durkin on 2/10/2020 at 09:00 AM. (Kamper, Joi) |
Filing 16 MINUTE entry before the Honorable Thomas M. Durkin:Defendants' motion for extension of time to 2/5/2020 to answer or otherwise plead #14 is granted without objection. No appearance is required on 2/5/2020. Mailed notice (srn, ) |
Filing 15 Unopposed NOTICE of Motion by Joi Kamper for presentment of before Honorable Thomas M. Durkin on 2/5/2020 at 09:00 AM. (Kamper, Joi) |
Filing 14 MOTION by Defendants Christopher Agrella, Dorothy Brown, David Orr, Kimberly Foxx, Marisel Hernandez, William Kresse, Jonathan Swain for extension of time to file answer or Otherwise Plead (Kamper, Joi) |
Filing 13 MINUTE entry before the Honorable Thomas M. Durkin:Defendants' unopposed motion for extension of time to 1/31/2020 to answer or otherwise plead #11 is granted. The 1/27/2020 status hearing is vacated and reset for 2/10/2020 at 09:00 AM. A joint status report is to be filed by 2/5/2020. No appearance is required on 1/28/2020. Mailed notice (srn, ) |
Filing 12 NOTICE of Motion by Joi Kamper for presentment of motion for extension of time to file answer, #11 before Honorable Thomas M. Durkin on 1/28/2020 at 09:00 AM. (Kamper, Joi) |
Filing 11 MOTION by Defendants Christopher Agrella, Dorothy Brown, David Orr, Kimberly Foxx, Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members, The Cook County Officers Electoral Board and its Members for extension of time to file answer regarding complaint #1 Unopposed Second (Kamper, Joi) |
Filing 10 STATUS Report by Andrea A. Raila (Smith, Steven) |
Filing 9 MINUTE entry before the Honorable Thomas M. Durkin:Defendants' unopposed motion for extension of time to 1/27/2020 to answer or otherwise plead #7 is granted. No appearance is required on 1/6/2020. Mailed notice (srn, ) |
Filing 8 Unopposed NOTICE of Motion by Joi Kamper for presentment of motion for extension of time to file answer, #7 before Honorable Thomas M. Durkin on 1/6/2020 at 09:00 AM. (Kamper, Joi) |
Filing 7 MOTION by Defendants Christopher Agrella, Dorothy Brown, David Orr, Kimberly Foxx, Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members, The Cook County Officers Electoral Board and its Members for extension of time to file answer regarding complaint #1 Unopposed (Kamper, Joi) |
Filing 6 ATTORNEY Appearance for Defendants Christopher Agrella, Dorothy Brown, David Orr, Kimberly Foxx, Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members, The Cook County Officers Electoral Board and its Members by Patrick Daniel Morris (Morris, Patrick) |
Filing 5 ATTORNEY Appearance for Defendants Christopher Agrella, Dorothy Brown, David Orr, Kimberly Foxx, Marisel Hernandez, William Kresse, Jonathan Swain, The Chicago Board of Election Commissioners and its Members, The Cook County Officers Electoral Board and its Members by Joi Kamper (Kamper, Joi) |
SUMMONS Issued as to Defendants Dorothy Brown, The Cook County Officers Electoral Board and its Members (jp, ) |
SUMMONS Issued as to Defendant The Cook County Officers Electoral Board and its Members (ec, ) |
SUMMONS Issued as to Defendant David Orr (txl, ) |
Filing 4 ORDER: Joint status report due by 1/22/2020. Status hearing set for 1/27/2020 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 11/26/2019:Mailed notice(srn, ) |
Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (bg, ) |
CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (txl, ) |
Filing 2 CIVIL Cover Sheet (Smith, Steven) |
Filing 1 COMPLAINT filed by Andrea Raila; Jury Demand. Filing fee $ 400, receipt number 0752-16447574.(Smith, Steven) |
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