Halgren et al v. City of Naperville et al
| John Halgren, John Stiegler, Gil Cortez, Chris Garon, Robert McCormick, Joel Fox and John K. Stiegler |
| City of Naperville, Edward-Elmhurst Healthcare, Jay Robert Pritzker and Governor Jay Robert Pritzker |
| 1:2021cv05039 |
| September 23, 2021 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 19, 2021. A more recent docket listing may be available from PACER.
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Filing 45
TRANSCRIPT OF PROCEEDINGS held on November 1, 2021, before the Honorable John Robert Blakey. Order Number: 41955. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/9/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/16/2022. (Lacien, Laura)
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Filing 44
ORDER Signed by the Honorable John Robert Blakey on 11/5/2021: The Court denies Plaintiff's oral motion for reassignment. (See order for further details) Mailed notice(gel, )
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Filing 43
ATTORNEY Appearance for Objector COOK COUNTY, a municipal corporation, by Prathima Yeddanapudi , Assistant State's Attorney (Yeddanapudi, Prathima)
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Filing 42
OBJECTIONS by COOK COUNTY, a municipal corporation, to motion hearing,,,,,,, set/reset hearings,,,,,, #39 reassignment as related (Yeddanapudi, Prathima)
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Filing 41
MINUTE entry before the Honorable John Robert Blakey: Video motion hearing held on 11/1/2021. Plaintiff's motion for preliminary injunction #4 is denied and the Court will issue a separate written order. Oral motion for reassignment of cases 21cv5407 and 21cv5600 is taken under advisement. The Court will set additional case management dates by separate order. Mailed notice (gel, )
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Filing 40
OBJECTIONS by City Of Chicago to motion hearing,,,,,,, set/reset hearings,,,,,, #39 Defendant City of Chicago's Objection to Reassignment Pursuant to Local Rule 40.4 (Attachments: #1 Exhibit A)(Warner, Michael)
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Filing 39
MINUTE entry before the Honorable John Robert Blakey: Video motion hearing held on 10/29/2021 and continued to 11/1/2021 at 11:00 a.m. in Courtroom 1203. Based upon the attorneys' representations at today's hearing that this case is related under Local Rule 40.4 to Case Nos. 21-CV-5407 and 21-CV-5600, and that counsel in this case have no objection to reassignment, the attorneys in this case shall meet and confer with counsel in the two related cases about reassignment to this matter which is the lowest case number under L.R. 40.4. This Court will address reassignment at the 11/1/2021 hearing. This Court's Courtroom Deputy shall also contact counsel in Case Nos. 21-CV-5407 and 21-CV-5600, and advise that if any counsel objects to reassignment then they should advise this Court and attend the 11/1/2021 hearing. Counsel shall utilize the same link previously given, to access the hearing on 11/1/20221. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 571-353-2300 and the call-in ID is 682914365. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. 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. Mailed notice (gel, )
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Filing 38
REPLY by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John K. Stiegler Supplemental Brief on Equal Protection (Lubin, Jonathan)
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Filing 37
RESPONSE by Jay Robert Pritzkerin Opposition to MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for temporary restraining order MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for preliminary injunction #4 Response to Plaintiff's Supplemental Brief (Dworkin, Hal)
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Filing 36
RESPONSE by Defendant Edward-Elmhurst Healthcare to memorandum #33 (Plaintiffs' Supplemental Brief in Support of Their Petition for Preliminary Injunction) (Coffey, Patrick)
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Filing 35
RESPONSE by City of Napervillein Opposition to MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for temporary restraining order MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for preliminary injunction #4 Supplemental (Lutzke, Jennifer)
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Filing 34
MINUTE entry before the Honorable John Robert Blakey: Oral motion to appear remotely is granted and the motion hearing previously set for 10/29/2021 at 10:00 a.m. will proceed via video. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 571-353-2300 and the call-in ID is 682914365. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. 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. Mailed notice (gel, )
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Filing 33
MEMORANDUM by Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John K. Stiegler Supplemental Memorandum on Equal Protection and Free Exercise (Attachments: #1 Exhibit Exhibit A)(Lubin, Jonathan)
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Filing 32
MINUTE entry before the Honorable John Robert Blakey: Plaintiff's motion for leave to file in excess of 15 pages #31 is granted. Mailed notice (gel, )
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Filing 31
MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John K. Stiegler for leave to file brief in excess of 15 pages (Attachments: #1 Exhibit Reply in Support of a Preliminary Injunction)(Lubin, Jonathan)
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Filing 30
MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Defendants' response briefs, #21 , #24 , #28 , and related factual submissions in opposition to Plaintiffs' petition for emergency relief #4 . The Court notes that Plaintiffs have not yet filed their factual submission as ordered #18 ("all evidentiary material by either side, shall be filed on or before 10/12/2021"), but they may now do so along with their reply brief on or before 10/14/2021. The Court also notes that the petition and response briefs focus primarily on two discrete constitutional issues: (1) substantive due process; and (2) procedural due process. See #4 at 6 (raising only due process under likelihood of success on the merits). The complaint, however, is not so limited. See #1 at 10 (citing First, Fourth and Fifth Amendments); id. at 12 (raising Equal Protection and otherwise alleging a violation of "fundamental rights"); id. at 13 (Prayer for Relief) (requesting the Court enter an order finding that Defendants have "violated the constitutional rights of Plaintiffs"); see also #4 at 11 ("The question of the constitutionality of the mandate" at a minimum "involve[s] the question of whether an individual can be compelled to violate his conscience in the interest of public health[.]"). Based on the issues raised in the complaint and the parties' subsequent submissions, the Court requires further briefing (and any related factual submissions) with respect to the constitutionality of EO 2021-22 under: (1) the Equal Protection Clause; (2) the First Amendment (including but not limited to whether any named Plaintiffs are seeking religious, conscientious objector and/or medical exemptions under EO 2021-22); and (3) the Fourth Amendment (and related substantive due process considerations). Plaintiffs may file a supplemental memorandum and any additional evidentiary material on or before 10/18/2021; Defendants' response and any supplemental evidentiary material shall be filed on or before 10/25/2021; and Plaintiffs' reply shall be filed on or before 10/27/2021. This request for supplemental briefing does not affect the date of Plaintiffs' reply set by prior order #18 . The 10/15/2021 hearing date is stricken, and the case is reset for an in-person motion hearing at 10:00 am on 10/29/2021, in Courtroom 1241. Mailed notice (gel, )
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Filing 29
MEMORANDUM by Edward-Elmhurst Healthcare in support of motion to dismiss #28 (Coffey, Patrick)
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Filing 28
MOTION by Defendant Edward-Elmhurst Healthcare to dismiss Plaintiffs' Complaint (Coffey, Patrick)
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Filing 27
AFFIDAVIT of Daryl D. Wilson, M.D. regarding response in opposition to motion, #26 (SUPPLEMENTAL) (Attachments: #1 Exhibit 1 - Email dated 9/30/2021, #2 Exhibit 2 - Email dated 10/6/2021)(Coffey, Patrick)
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Filing 26
RESPONSE by Edward-Elmhurst Healthcarein Opposition to MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for temporary restraining order MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for preliminary injunction #4 (AMENDED) (Coffey, Patrick)
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Filing 25
MINUTE entry before the Honorable John Robert Blakey: Defendant's motion for leave to file excess pages #22 is granted. Mailed notice (gel, )
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Filing 24
RESPONSE by Defendant City of Naperville In Opposition to Preliminary Injunction (Attachments: #1 Exhibit A)(Lutzke, Jennifer)
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Filing 23
NOTICE of Motion by Hal Dworkin for presentment of (Dworkin, Hal)
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Filing 22
MOTION by Defendant Jay Robert Pritzker for leave to file excess pages (Dworkin, Hal)
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Filing 21
RESPONSE by Jay Robert Pritzkerin Opposition to MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for temporary restraining order MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for preliminary injunction #4 (Attachments: #1 Exhibit Ex. A - Declaration of Dr. Bleasdale, #2 Exhibit Ex. B - Declaration of Dr. Barnes)(Dworkin, Hal)
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Filing 20
ATTORNEY Appearance for Defendant Jay Robert Pritzker by Mary Alice Johnston (Johnston, Mary)
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Filing 19
MINUTE entry before the Honorable John Robert Blakey: In person hearing set for 10/15/2021 at 10:00 a.m. will be held in Courtroom 1241. (Note Courtroom Location Change) Mailed notice (gel, )
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Filing 18
MINUTE entry before the Honorable John Robert Blakey: Telephonic status hearing held on 9/30/2021. By agreement, the parties shall meet and confer, and execute any requisite waivers of service by close of business 10/1/2021. Motion hearing previously set for 10/7/2021 is stricken. By agreement, Plaintiff's motion #4 requesting a temporary restraining order shall be addressed as a motion for preliminary injunction, and briefed as follows: any defendants' response, and all evidentiary material by either side, shall be filed on or before 10/12/2021; Plaintiff's reply shall be filed on or before 10/14/2021. By agreement, the Court may consider material publicly available online as to the issues raised, and the case is set for an in-person motion hearing set at 10:00 a.m. on 10/15/2021, in Courtroom 1203. Mailed notice (gel, )
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Filing 17
ATTORNEY Appearance for Defendant Jay Robert Pritzker by Hal Dworkin (Dworkin, Hal)
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Filing 16
AFFIDAVIT of Daryl D. Wilson, M.D. (Coffey, Patrick)
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Filing 15
Defendant Edward-Elmhurst Healthcare's Opposition to Petition for Temporary Restraining Order or Preliminary Injunction by Edward-Elmhurst Healthcare (Coffey, Patrick)
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Filing 14
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Edward-Elmhurst Healthcare (Coffey, Patrick)
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Filing 13
ATTORNEY Appearance for Defendant Edward-Elmhurst Healthcare by Robert Matthew Romashko (Romashko, Robert)
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Filing 12
ATTORNEY Appearance for Defendant City of Naperville by Kristen June Foley (Foley, Kristen)
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Filing 11
ATTORNEY Appearance for Defendant Edward-Elmhurst Healthcare by Patrick Sean Coffey (Coffey, Patrick)
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Filing 10
ATTORNEY Appearance for Defendant City of Naperville by Jennifer Marie Lutzke (Lutzke, Jennifer)
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Filing 9
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Edward-Elmhurst Healthcare (Courtheoux, Karen)
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Filing 8
Defendant Edward-Elmhurst Healthcare's Opposition to Petition for Temporary Restraining Order or Preliminary Injunction by Edward-Elmhurst Healthcare (Courtheoux, Karen)
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Filing 7
MINUTE entry before the Honorable John Robert Blakey: Oral motion to reset telephonic status hearing is granted. Telephonic status hearing previously set for 9/28/2021 is reset for 9/30/2021 at 11:00 a.m. in Courtroom 1241. Counsel shall call into 877-402-9753 and utilize participant code 9955840. Mailed notice (gel, )
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Filing 6
MINUTE entry before the Honorable John Robert Blakey: The Court sets Plaintiff's emergency petition for a telephonic status hearing at 11:00 a.m. on 9/28/21. Counsel shall call 877-402-9753 and utilize participant code 9955840. Members of the public and media may also call in to listen to this hearing. 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. Mailed notice (gel, )
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Filing 5
Emergency Petition NOTICE of Motion by Jonathan D. Lubin for presentment of motion for temporary restraining order,, motion for preliminary injunction, #4 before Honorable John Robert Blakey on 10/7/2021 at 11:00 AM. (Lubin, Jonathan)
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Filing 4
MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for temporary restraining order , MOTION by Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler for preliminary injunction (Lubin, Jonathan)
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Filing 3
ATTORNEY Appearance for Plaintiffs Gil Cortez, Joel Fox, Chris Garon, John Halgren, Robert McCormick, John Stiegler by Jonathan D. Lubin (Lubin, Jonathan)
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Filing 2
CIVIL Cover Sheet (Lubin, Jonathan)
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Filing 1
COMPLAINT filed by Joel Fox, Gil Cortez, John Stiegler, Chris Garon, John Halgren, Robert McCormick; Filing fee $ 402, receipt number 0752-18698507.(Lubin, Jonathan)
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CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (lma, )
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