Ferguson et al v. Cook County, Illinois, et al
| Timothy Ferguson and Abelardo Mercado |
| John D Barloga, Eddie Ishoo, Cook County, City of Chicago, D-Bat's, Inc., Richard Bednarek, COOK COUNTY SHERIFF THOMAS J. DART, Cook County, Illinois and Thomas Dart |
| 1:2020cv04046 |
| July 9, 2020 |
| US District Court for the Northern District of Illinois |
| Robert M Dow |
| Gabriel A Fuentes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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Filing 105
MINUTE entry before the Honorable Gabriel A. Fuentes: Defendant Barloga's joint unopposed motion to extend the time for response to plaintiff's written discovery requests to 5/16/22 (doc. #104 ) is granted and applies to all defendants. The previously set status report date of 5/20/22 stands. Mailed notice. (jj, )
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Filing 104
MOTION by Defendant John D Barloga for extension of time to complete discovery DEFENDANTS' JOINT UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER DISCOVERY (Unopposed) (Coyne, John)
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Filing 103
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion of Attorney Richard Wasik to withdraw as counsel for Plaintiff #102 is granted. Emailed notice (cdh, )
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Filing 102
MOTION by Attorney Richard J. Wasik to withdraw as attorney for Timothy Ferguson. No party information provided (Wasik, Richard)
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Filing 101
MINUTE entry before the Honorable Gabriel A. Fuentes: The Court has reviewed the parties' status report (doc. #100 ). The Court appreciates all parties' prompt attention to this matter and plaintiff's counsel's commendable effort to respond to defendants' written discovery requests in a timely fashion. The Court has a renewed confidence that plaintiff does wish to prosecute this matter and that plaintiff's counsel is diligently working to do so. To save the parties the time and expense of motion practice, the Court will act on the by-agreement requests in the status report as follows: (1) the fact discovery cutoff is set at 12/30/22 at the parties' request, but the parties should consider that extension to be firm, given the time that already has passed in the case, and an extension would be granted only upon compelling circumstances; (2) no expert schedule is set at this time as no expert discovery is anticipated, but the parties will provide the Court with an update on that issue in the next status report; and (3) plaintiff has leave to serve written discovery requests upon defendants and should do so by 5 p.m. on 3/25/22, which also is the deadline for all defendants to serve any supplemental written discovery requests, with responses to all of the foregoing requests to be served no later than 5 p.m. on 4/29/22. Any motion to compel concerning written discovery responses shall be filed no later than noon on 5/20/22. The parties are encouraged to begin oral depositions as soon as possible after having obtained the necessary written discovery. The next joint written status report on the progress of discovery and the status of settlement is due by noon on 5/20/22. If the parties conclude at any time that they wish to engage in a settlement conference with the magistrate judge, they may contact the courtroom deputy, Jenny Jauregui, at 312-818-6514, to initiate the scheduling process. Mailed notice (lp, )
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Filing 100
STATUS Report JOINT STATUS REORT by Timothy Ferguson (Brindley, Beau)
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Filing 99
ATTORNEY Appearance for Defendant City of Chicago by Danielle Marie Alvarez (Alvarez, Danielle)
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Filing 98
MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on certain of the defendants' motion to compel (doc. #91 ). Counsel for movants and for defendants Bednarik and D-Bat's, Inc. appeared by telephone. Plaintiff's counsel did not appear, despite being ordered to do so when the Court scheduled the motion hearing (doc #97 ). In that previous order, the Court reminded counsel of their obligations to appear as ordered (id.). The Court further notes that today's hearing appears to have marked the second time where none of the attorneys who have appeared for plaintiff appeared at a court hearing (doc. #69 ). Moreover, as the Court outlined concerns in its last minute order (doc. #97 ) about how discovery might be completed on time, with written discovery responses still outstanding for some six months (doc. #97 ). That level of judicial concern, which the Court repeated on the record today, ought to have prompted diligent plaintiff's counsel to appear at today's motion hearing to be prepared to discuss the scheduling issues, at least with respect to the missing discovery responses. Or, plaintiff's counsel might have notified counsel and the Court about any need to reschedule the hearing, but the Court received no such request and proceeded to spend the time of counsel and the Court to conduct a public hearing at which plaintiff's counsel was absent. In light of the foregoing, the motion (doc. #91 ) is granted, and plaintiff is ordered to serve written responses and objections to the moving defendants' discovery responses by no later than noon on 3/14/22. A joint written status report is due and to be filed by noon on 3/15/22, after a Rule 26(f) conference among the parties, as to (1) whether the aforesaid responses and objections were served on time; (2) the progress of all discovery, and particularly the plaintiff's plans for completion of it; (3) the parties' plans for the noticing of oral depositions, along with the dates by which those depositions will be noticed so that they are completed within the fact discovery period; (4) any reason why either or both parties believe the fact discovery period should or should not be extended, and if so, for how long and to do precisely what discovery; (5) whether expert discovery is anticipated by any party and if so, a contested or agreed schedule for the same; and (6) whether the parties would like to engage in a settlement conference with the magistrate judge. The previous due date for this status report, of 3/4/22, is vacated. Further, plaintiff should consider this minute entry to be an explicit warning that if further failures to appear or other defalcations (such as not complying with this order without leave of court) recur, the magistrate judge will recommend to the district court that this matter be dismissed for want of prosecution. See Ball v. City of Chicago, 2 F.3d 752, 756 (7th Cir. 1993). In addition, the City of Chicago did not appear, despite the Court's order that all parties be represented at this hearing. The City was not a movant on the instant motion, but it is reminded that it must abide by court orders that apply to it as well. Mailed notice. (jj, )
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Filing 97
MINUTE entry before the Honorable Gabriel A. Fuentes: This matter having been referred to the magistrate judge for discovery and settlement (doc. #96 ), the Court will tackle discovery first. The 5/31/22 fact discovery cutoff stands, with no party having sought to move it. As such, the parties have limited time to complete fact discovery and need to get moving. The 12/31/21 deadline for written discovery has passed. Consequently, no more written discovery requests are to be served without leave of court. As for discovery responses, defendants Barloga, Mercado and Ishoo have moved to compel responses to certain of their written discovery requests (doc. #91 ). The motion asserts that these Rule 33 interrogatories and Rule 34 document requests were propounded on 8/27/21, some six months ago. A telephonic motion hearing is set for 11:00 a.m. on 2/28/22 on the motion to compel, and movants and plaintiff should be prepared to argue the motion, with no further briefing permitted at this time. In particular, the Court would like plaintiff to address why no responses were served to these six-month-old requests and why plaintiff should not be ordered to respond forthwith. The Court appreciates that one of plaintiff's counsel apparently has been ill, and the Court wishes him good health and a speedy recovery, but he is not sole counsel in the case. At least one counsel for each party is ordered to appear at the hearing. The call-in number for the hearing is (888) 684-8852 and the access code is 2006804. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Participants are further directed to keep their devices muted when they are not speaking. Further, the parties are ordered to confer under Rule 26(f) and to file a joint report of their conference by no later than noon on 3/4/22, addressing: (1) the progress of all discovery; (2) plans for the noticing of oral depositions, along with the dates by which those depositions will be noticed so that they are completed within the fact discovery period; (3) any reason why either or both parties believe the fact discovery period should or should not be extended, and if so, for how long and to do precisely what discovery; (4) whether expert discovery is anticipated by any party and if so, a contested or agreed schedule for the same; and (5) whether the parties would like to engage in a settlement conference with the magistrate judge. The parties are further directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes and the Top Ten Ways to Defeat Settlement, both available on the Court's website. Finally, the district court previously warned that non-compliance with applicable rules and court orders may result in sanctions up to and including dismissal of this action (doc. #77 ), and the magistrate judge sincerely would prefer not to have to advise the district court that such noncompliance has recurred. Mailed notice. (jj, )
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Filing 96
EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Gabriel A. Fuentes pursuant to Local Rule 72.1 regarding all discovery motions, discovery supervision, and settlement conference. Signed by Executive Committee on 2/22/2022. (jn, )
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Filing 95
ORDER: Attorney Kyle A. Rockershousen's motion to withdraw as counsel on behalf of Defendant City of Chicago #94 is granted. Signed by the Honorable Robert M. Dow, Jr on 2/9/2022. Mailed notice (jn, )
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Filing 94
MOTION by Attorney Kyle Rockershousen to withdraw as attorney for City of Chicago. No party information provided (Rockershousen, Kyle)
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Filing 93
MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' motion to compel Plaintiff's discovery responses #91 is referred to Magistrate Judge Fuentes, along with all discovery motions, discovery supervision, extending any deadlines, and settlement conference if requested. Emailed notice (cdh, )
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Filing 92
STATUS Report (Joint) by City of Chicago (Rockershousen, Kyle)
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Filing 91
MOTION by Defendant John D Barloga to compel DEFENDANTS, COOK COUNTY, COOK COUNTY SHERIFF'S POLICE SGT. JOHN BARLOGA, COOK COUNTY SHERIFF'S POLICE OFFICERS ABELARDO MERCADO and EDDIE ISHOO, MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES (Attachments: #1 Exhibit A, #2 Errata B)(Coyne, John)
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Filing 90
MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report #88 filed on 10/29/2021, the Court adopts the parties' suggested deadlines of 12/31/2021 for written discovery and 5/31/2022 for all fact discovery. An updated joint status report is due no later than 1/20/2022, after which the Court will set further case management deadlines and/or a status hearing. Emailed notice (cdh, )
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Filing 89
MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report #88 filed on 10/29/2021, the Court adopts the parties' suggested deadlines of 12/31/2021 for written discovery and 5/31/2022 for all fact discovery. An updated joint status report is due no later than 1/20/2022, after which the Court will set further case management deadlines and/or a status hearing. Emailed notice(cdh, )
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Filing 88
STATUS Report Parties' Joint Status Report by Timothy Ferguson (Wasik, Richard)
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Filing 87
CERTIFICATE of Service of Initial Discovery Requests to Plaintiff by John Coughlin Coyne on behalf of John D Barloga (Coyne, John)
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Filing 86
DEFENDANTS, COOK COUNTY, COOK COUNTY SHERIFF'S POLICE SGT. JOHN BARLOGA, and COOK COUNTY SHERIFF'S POLICE OFFICERS ABELARDO MERCADO & EDDIE ISHOO FILE THEIR ANSWER TO PLAINTIFF'S COMPLAINT ANSWER to Complaint with Jury Demand by John D Barloga(Coyne, John)
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Filing 85
ANSWER to Complaint with Jury Demand and Affirmitive Defenses by City of Chicago(Rockershousen, Kyle)
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Filing 84
CERTIFICATE of Service for Discovery Documents by Andrew D. Ellbogen on behalf of Richard Bednarek, D-Bat's, Inc. (Ellbogen, Andrew)
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Filing 83
ANSWER to Complaint of Plaintiff, Timothy Ferguson by Richard Bednarek, D-Bat's, Inc.(Ellbogen, Andrew)
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Filing 82
ORDER: Defendant's unopposed motion for extension of time to answer #81 is granted to and including 8/27/2021. Upon review of the joint status report #80 filed on 8/5/2021, the parties are directed to proceed with written discovery and to file an updated joint status report no later than 10/31/2021 indicating (a) their progress on written discovery, (b) a proposed deadline for completing all fact discovery, (c) an update on any settlement discussions and/or any request for a referral to the Magistrate Judge for a settlement conference, and (d) a request for a telephonic or inperson status hearing with the Court if they believe such a hearing to be helpful. Signed by the Honorable Robert M. Dow, Jr on 8/9/2021. Mailed notice.(exr, )
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Filing 81
MOTION by Defendant City of Chicago for extension of time to file answer regarding complaint #1 (Rockershousen, Kyle)
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Filing 80
STATUS Report by Timothy Ferguson (Wasik, Richard)
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Filing 79
MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is before the Court on Defendant DBATS' motion for clarification #78 , which is granted. The Court makes the following clarifications to the first and last paragraphs of its order #77 on the parties' various motions to dismiss: (1) Count XV of the Complaint, for "unreasonable detention," is dismissed. See #77 at 38. (2) Plaintiff shall be allowed to proceed with a Section 1983 Monell claim against the City for false imprisonment (Count II). See #77 at 25, n.6. (3) Plaintiff shall be allowed to proceed with state law claims against Defendant D-BATS for civil conspiracy (Count IX), IIED (Count X), and false imprisonment (Count XI). Emailed notices. (cdh, )
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Filing 78
MOTION by Defendant D-Bat's, Inc. to clarify Motion for Clarification (Ellbogen, Andrew)
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Filing 77
MEMORANDUM Opinion and Order. Signed by the Honorable Robert M. Dow, Jr on 7/22/2021. Mailed notice (jn, )
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Filing 76
ORDER: For the reasons stated in the Memorandum Opinion and Order, Defendants' motion to dismiss for want of prosecution #66 and Plaintiff's request for additional time to respond to the motions to dismiss #72 are both denied. Plaintiff's counsel is advised that any further noncompliance with applicable rules and orders may result in sanctions up to and including dismissal of this action. The County's motion to dismiss #21 is granted; the City's motion to dismiss #28 is granted in part and denied in part; Bednarek and D-Bat's motion to dismiss #49 is granted in part and denied in part; Bednarek and D-Bat's motion to strike #50 is denied; and Dart, Barloga, Abelardo and Ishoo's motion to dismiss #58 is granted in part and denied in part. The following claims are dismissed in full: Counts I, III, IV, V, VII, VIII, XII, XIII, XVI, and XVII. The following claims remain in the case against the following Defendants: Count II (Section 1983 False Imprisonment) against Bednarek only; Count VI (Section 1983 Conspiracy) against Bednarek only; Counts IX (Civil Conspiracy), X (Intentional Infliction of Emotional Distress), and XI (State Law False Imprisonment) against Bednarek, Mercado, Ishoo, and Barloga; and Count XIV (Indemnification) against the County only. A joint status report is due by August 5, 2021. Signed by the Honorable Robert M. Dow, Jr on 7/22/2021. Mailed notice (jn, )
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Filing 75
WITHDRAWING Alexis Carr as counsel for Defendant Cook County, Illinois and substituting Francis J. Catania as counsel of record (Catania, Francis)
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Filing 74
RESPONSE by John D Barlogain Support of MOTION by Defendant City of Chicago to dismiss All Defendants' Joint Motion to Dismiss for Want of Prosecution #66 DEFENDANTS,COOK COUNTY, ILLINOIS, a municipal corporation, THOMAS DART, Sheriff of Cook County, IL, JOHN D. BARLOGA, individually and as an employee of the Cook County Sheriff, ABELARDO MERCADO, individually and as an employee of the Cook County Sheriff, and EDDIE ISHOO, individually and as an employee of the Cook County Sheriff's REPLY IN SUPPORT OF THEIR MOTION TO DISMISS FOR WANT OF PROSECUTION (Coyne, John)
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Filing 73
RESPONSE by Richard Bednarek, D-Bat's, Inc.in Support of MOTION by Defendant City of Chicago to dismiss All Defendants' Joint Motion to Dismiss for Want of Prosecution #66 (Attachments: #1 Exhibit Exhibit 1 for Reply for Motion to DWP, #2 Exhibit Exhibit 2 to Reply for Motion to DWP, #3 Notice of Filing Notice of Filing)(Olson, Thomas)
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Filing 72
RESPONSE by Timothy Ferguson to MOTION by Defendant City of Chicago to dismiss All Defendants' Joint Motion to Dismiss for Want of Prosecution #66 (Brindley, Beau)
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Filing 71
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion of Attorney Marques Berrington to withdraw as counsel for Defendant City of Chicago #70 is granted. Emailed notice (cdh, )
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Filing 70
MOTION by Attorney Marques Berrington to withdraw as attorney for City of Chicago. No party information provided (Berrington, Marques)
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Filing 69
MINUTE entry before the Honorable Robert M. Dow, Jr: Hearing held on Defendants' motion to dismiss for want of prosecution #66 . Although none of the lawyers who have filed appearances for Plaintiff appeared, Attorney Michael Thompson participated in the hearing on their behalf. The motion remains under advisement. Counsel for Plaintiff is given until 4/13/2021 to file a response to the motion addressing (a) any reasons why dismissal for want of prosecution should not be entered and (b) any request that counsel may wish to make for leave to file response briefs more than three months late. If Plaintiff files a brief on 4/13/2021, then Defendants may file a reply brief no later than 4/20/2021. If no additional briefs are filed, the Court will consider the pending motions [28, 49, 50, 58, 66] on the existing record. Emailed notice (cdh, )
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Filing 68
MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' joint motion to dismiss for want of prosecution #66 will be heard telephonically on 4/6/2021 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829. Plaintiff is cautioned that, given the nature of this motion, failure to appear may be construed as further indication that Plaintiff no longer wishes to pursue this litigation. Emailed notice (cdh, )
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Filing 67
NOTICE of Motion by Marques Alan Berrington for presentment of motion to dismiss #66 before Honorable Robert M. Dow Jr. on 4/6/2021 at 09:15 AM. (Berrington, Marques)
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Filing 66
MOTION by Defendant City of Chicago to dismiss All Defendants' Joint Motion to Dismiss for Want of Prosecution (Berrington, Marques)
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Filing 65
REPLY by Defendant John D Barloga to Motion to Dismiss for Failure to State a Claim, #58 Reply in Support of Motion to Dismiss by Defendants' Cook County Sheriff Thomas Dart, Cook County Sheriff's Police Sgt. John Barloga, and Cook County Sheriff's Police Officers Abelardo Mercado and Eddie Ishoo (Coyne, John)
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Filing 64
NOTICE by Richard Bednarek, D-Bat's, Inc. Reply in Support of Their Motion to Dismiss Pars 48 to 74 of Plaintiff's Complaint (Ellbogen, Andrew)
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Filing 63
REPLY by Defendants Richard Bednarek, D-Bat's, Inc. Reply in Support of Their Motion to Dismiss Paragraphs 48 to 74 of Plaintiff's Complaint (Ellbogen, Andrew)
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Filing 62
REPLY by Defendants Richard Bednarek, D-Bat's, Inc. Reply in Spport of Their 12(b)(6) Motion to Dismiss (Ellbogen, Andrew)
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Filing 61
NOTICE by Richard Bednarek, D-Bat's, Inc. Reply in Support of Their 12(b)(6) Motion (Ellbogen, Andrew)
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Filing 60
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion by Cook County Defendants for leave to file excess pages #57 is granted; motion by Cook County Defendants to dismiss #58 is taken under advisement and is to be briefed on the previously set schedule [see 53]. Emailed notice (cdh, )
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Filing 59
REPLY by Defendant City of Chicago in Support of its Motion to Dismiss (Moore, Marion)
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Filing 58
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John D Barloga MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM BY COOK COUNTY SHERIFF THOMAS DART, COOK COUNTY SHERIFF'S POLICE SGT. JOHN BARLOGA, and COOK COUNTY SHERIFF'S POLICE OFFICERS ABELARDO MERCADO & EDDIE ISHOO (Coyne, John)
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Filing 57
MOTION by Defendant John D Barloga for leave to file excess pages Motion by Cook County Sheriff Thomas Dart, Cook County Sheriff's Police Officer Sgt. John Barloga, Cook County Sheriff's Police Officers Abelardo Mercado & Eddie Ishoo for leave to file in excess pages (Coyne, John)
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Filing 56
NOTICE by Marion Claire Moore of Change of Address (Attachments: #1 Appendix List of Cases)(Moore, Marion)
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Filing 55
NOTICE by Kyle A. Rockershousen of Change of Address (Rockershousen, Kyle)
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Filing 54
NOTICE by Marques Alan Berrington of Change of Address (Berrington, Marques)
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Filing 53
MINUTE entry before the Honorable Robert M. Dow, Jr: The Court adopts the parties' proposed briefing schedule: Plaintiffs' responses to the Defendants' motions to dismiss are due January 4, 2021; Defendants' reply briefs are due January 25, 2021; The Court will issue a ruling by mail. Emailed notice (cdh, )
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Filing 52
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion to withdraw Attorney Alexis Carr as counsel for Defendants Ishoo, Barloga, and Dart #47 is granted. Notice of motion date of 11/12/2020 is stricken and no appearances are necessary on that date. Counsel are reminded to email the Courtroom Deputy with an agreed briefing schedule on motions to dismiss [49, 50] no later than 11/13/2020. Emailed notice (cdh, )
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Filing 51
REPLY by Defendant Cook County, Illinois (Attachments: #1 Notice of Filing)(Carr, Alexis)
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Filing 50
MOTION by Defendants Richard Bednarek, D-Bat's, Inc. to dismiss Paragraphs 48-74 of Plaintiff's Complaint (Attachments: #1 Notice of Filing Notice of Motion)(Ellbogen, Andrew)
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Filing 49
MOTION by Defendants Richard Bednarek, D-Bat's, Inc. to dismiss and Notice of Motion (Attachments: #1 Notice of Filing Notice of Motion)(Ellbogen, Andrew)
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Filing 48
NOTICE of Motion by Alexis D. M. Carr for presentment of motion to withdraw as attorney #47 before Honorable Robert M. Dow Jr. on 11/12/2020 at 09:15 AM. (Carr, Alexis)
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Filing 47
MOTION by Attorney Alexis Carr to withdraw as attorney for John D Barloga, Thomas Dart, Eddie Ishoo. No party information provided (Carr, Alexis)
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Filing 46
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion by Defendants Richard Bednarek, D-Bat's, Inc. for leave to file excess pages #39 is granted. Motion by Defendant John D Barloga for extension of time to answer or otherwise plead by JohnBarloga, Cook County, IL, Cook county Sheriff, Thomas Dart, Abelardo Mercado and Eddie Ishoo #45 is granted. Emailed notice (cdh, )
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Filing 45
MOTION by Defendant John D Barloga for extension of time MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD BY JOHN BARLOGA, COOK COUNTY, IL, COOK COUNTY SHERIFF THOMAS DART, ABELARDO MERCADO & EDDIE ISHOO (Coyne, John)
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Filing 44
ATTORNEY Appearance for Defendant Abelardo Mercado by John Coughlin Coyne (Coyne, John)
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Filing 43
ATTORNEY Appearance for Defendant Eddie Ishoo by John Coughlin Coyne (Coyne, John)
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Filing 42
ATTORNEY Appearance for Defendant Thomas Dart by John Coughlin Coyne (Coyne, John)
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Filing 41
ATTORNEY Appearance for Defendant Cook County, Illinois by John Coughlin Coyne (Coyne, John)
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Filing 40
ATTORNEY Appearance for Defendant John D Barloga by John Coughlin Coyne (Coyne, John)
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Filing 39
MOTION by Defendants Richard Bednarek, D-Bat's, Inc. for leave to file excess pages (Attachments: #1 Exhibit Exhibit 1 - Motion to Dismiss, #2 Notice of Filing Notice of Motion)(Ellbogen, Andrew)
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Filing 38
ATTORNEY Appearance for Defendants Richard Bednarek, D-Bat's, Inc. by Andrew D. Ellbogen (Ellbogen, Andrew)
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Filing 37
MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' unopposed motion for extension of time to answer or otherwise plead #33 is granted to and including 11/6/2020. If Defendants file a motion to dismiss, counsel are directed to email the Courtroom Deputy with an agreed briefing schedule no later than 11/13/2020. Emailed notice (cdh, )
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Filing 36
ATTORNEY Appearance for Defendant City of Chicago by Marion Claire Moore amended (Moore, Marion)
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Filing 35
ATTORNEY Appearance for Defendant City of Chicago by Marion Claire Moore (Moore, Marion) (Blank PDF Attached) Modified on 10/13/2020 (pj, ).
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Filing 34
NOTICE by John D Barloga, Thomas Dart, Eddie Ishoo re MOTION by Defendants John D Barloga, Thomas Dart, Eddie Ishoo for extension of time to file answer regarding complaint #1 #33 Unopposed Motion (Carr, Alexis)
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Filing 33
MOTION by Defendants John D Barloga, Thomas Dart, Eddie Ishoo for extension of time to file answer regarding complaint #1 (Carr, Alexis)
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Filing 32
STATUS Report Parties' Joint Initial Status Report by Timothy Ferguson (Wasik, Richard)
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Filing 31
ATTORNEY Appearance for Defendants John D Barloga, Thomas Dart, Eddie Ishoo by Alexis D. M. Carr (Carr, Alexis)
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Filing 30
MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant, the City of Chicago's motion to dismiss #28 is taken under advisement. The Court adopts the parties' proposed schedule: Plaintiff's response is due by 11/5/2020; Defendant's reply is due by 11/30/2020; the Court will issue a ruling by mail. Notice of motion date of 10/9/2020 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )
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Filing 29
NOTICE of Motion by Marques Alan Berrington for presentment of Motion to Dismiss for Failure to State a Claim #28 before Honorable Robert M. Dow Jr. on 10/9/2020 at 09:15 AM. (Berrington, Marques)
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Filing 28
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant City of Chicago (Berrington, Marques)
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Filing 27
MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant City of Chicago's unopposed motion for leave to file excess pages #26 is granted. Mailed notice (cdh, )
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Filing 26
MOTION by Defendant City of Chicago for leave to file excess pages (Unopposed) (Attachments: #1 Exhibit A- Motion to Dismiss)(Berrington, Marques)
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Filing 25
MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant City of Chicago's unopposed motion for extension of time to answer or otherwise plead #20 is granted to and including 9/29/2020. Defendant Cook County's motion to dismiss #21 is taken under advisement; by agreement of the parties, Plaintiff's response is due by 10/26/2020; Defendant's reply is due by 11/9/2020. Notice of motion date of 9/25/2020 is stricken and no appearances are necessary on that date. Given the absence on the docket of any returns of service, the Court cannot discern whether all Defendants have been served. To aid in case management, the Court directs counsel who have appeared in the case to confer and to file no later than 10/6/2020 a joint status report that indicates (a) which Defendants have been served and when(b) the date by which any served Defendant who has not yet filed a responsive pleading will do so, and (c) whether Plaintiff requests additional time to effectuate service on any Defendants who have not yet been served, given that the 90-day period for service under the Federal Rules will expire in early October. This information will assist the Court in setting an initial status hearing or requiring a further joint status report so that a more comprehensive case management plan can be entered. Mailed notice (cdh, )
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Filing 24
MINUTE entry before the Honorable Robert M. Dow, Jr: Document 23 was removed as it was entered on the incorrect case. Mailed notice (cdh, )
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Filing 23
DOCUMENT REMOVED as it was entered on the incorrect case. Modified on 9/24/2020 (cdh, ).
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Filing 22
NOTICE of Motion by Alexis D. M. Carr for presentment of Motion to Dismiss for Failure to State a Claim #21 before Honorable Robert M. Dow Jr. on 9/25/2020 at 09:15 AM. (Carr, Alexis)
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Filing 21
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Cook County, Illinois (Carr, Alexis)
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Filing 20
MOTION by Defendant City of Chicago for extension of time to answer or otherwise plead (unopposed) (Berrington, Marques)
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Filing 19
RESPONSE to Order to Show Cause (Brindley, Beau)
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Filing 18
RESPONSE by Plaintiff Timothy Ferguson to order on motion for protective order,,, terminate deadlines and hearings,,, set motion and R&R deadlines/hearings,, #10 (Brindley, Beau)
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Filing 17
ATTORNEY Appearance for Defendant D-Bat's, Inc. by Andrew D. Ellbogen Appearance for Def, D-Bats, Inc. (Ellbogen, Andrew)
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Filing 16
MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for additional time to respond to rule to show cause order entered on 8/13/2020 #12 is granted to and including 8/28/2020. Initial telephone conference set for 8/25/2020 is stricken. Notice of motion date of 8/20/2020 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )
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Filing 15
MINUTE entry before the Honorable Robert M. Dow, Jr: At the email request of counsel, motion for extension of time #14 is terminated as entered in error. Mailed notice (cdh, )
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Filing 14
MOTION by Defendant City of Chicago for extension of time for all Defendants to answer or otherwise plead (Berrington, Marques)
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Filing 13
NOTICE of Motion by Richard J. Wasik for presentment of motion for miscellaneous relief #12 before Honorable Robert M. Dow Jr. on 8/20/2020 at 09:00 AM. (Wasik, Richard)
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Filing 12
MOTION by Plaintiff Timothy FergusonAdditional Time to Respond (Wasik, Richard)
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Filing 11
ATTORNEY Appearance for Defendant City of Chicago by Marques Alan Berrington (Berrington, Marques)
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Filing 10
MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's petition for an order of protection #9 is entered and continued. Plaintiff is directed to show cause by 8/20/2020 why this Court has jurisdiction over this motion, as orders of protection generally are sought and issued in state court and Plaintiff has cited no legal authority whatsoever in his motion for the entry of such an order in federal court. Notice of motion date of 8/14/2020 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )
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Filing 9
MOTION by Plaintiff Timothy Ferguson for protective order (Attachments: #1 Notice of Filing Notice of Motion)(Wasik, Richard)
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Filing 8
ATTORNEY Appearance for Defendant City of Chicago by Kyle A. Rockershousen (Rockershousen, Kyle)
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Filing 7
ATTORNEY Appearance for Defendant Cook County, Illinois by Alexis D. M. Carr (Carr, Alexis)
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Filing 6
MINUTE entry before the Honorable Robert M. Dow, Jr: Initial telephone conference is set for 8/25/2020 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the Courts action herein. The parties are requested to file a joint status report at least THREE business days prior to the initial status and all further status hearings. For further details see the Court's website available at www.ilnd.uscourts.gov. The call-in information for the 8/25/2020 hearing is as follows: Please use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Mailed notice (cdh, )
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Filing 5
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. (tg, )
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Filing 4
ATTORNEY Appearance for Plaintiff Timothy Ferguson by Beau B. Brindley (Brindley, Beau)
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CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (exr, )
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Filing 3
ATTORNEY Appearance for Plaintiff Timothy Ferguson by Richard J. Wasik (Wasik, Richard)
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Filing 2
CIVIL Cover Sheet (Wasik, Richard)
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Filing 1
COMPLAINT filed by Timothy Ferguson; Jury Demand. Filing fee $ 400, receipt number 0752-17190825.(Wasik, Richard)
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