Doe 1 et al v. Northshore University Healthsystem
| Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13 and Jane Doe 14 |
| Northshore University Healthsystem |
| 1:2021cv05683 |
| October 25, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.
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Filing 112
MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney #111 is granted. Attorney David Edward Dahlquist is withdrawn as counsel of record. Mailed notice (ef, )
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Filing 111
MOTION by Attorney David E. Dahlquist to withdraw as attorney for Northshore University Healthsystem. No party information provided (Dahlquist, David)
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Filing 110
ATTORNEY Appearance for Defendant Northshore University Healthsystem by Nasir Hussain (Hussain, Nasir)
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Filing 109
ATTORNEY Appearance for Defendant Northshore University Healthsystem by Kevin Paul Simpson (Simpson, Kevin)
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Filing 108
STIPULATION of Dismissal with prejudice of only Doe 14's claims (Mihet, Horatio)
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Filing 107
MEMORANDUM by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 in support of motion to certify class,,, motion for settlement,, #106 (Attachments: #1 Exhibit A - Proposed Class Action Settlement)(Mihet, Horatio)
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Filing 106
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 to certify class (Agreed and Jointly Filed with Defendant), MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for settlement preliminary approval (Agreed and Jointly Filed with Defendant) (Mihet, Horatio)
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Filing 105
MINUTE entry before the Honorable John F. Kness: The parties motion #104 for an extension of the deadline for filing a motion for preliminary settlement approval and to continue the 7/26/2022 status conference is granted. The deadline to file a motion seeking preliminary settlement approval is extended to 7/29/2022. The status hearing set for 7/26/2022 #102 is reset to 8/9/2022 at 10:00 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 104
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for extension of time to File Motion for Preliminary Settlement Approval, and to Continue July 26, 2022 Status Conference (Agreed and Jointly Filed with Defendant) (Mihet, Horatio)
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Filing 103
ADDITIONAL Evidence for "Fair" Settlement Consideration. (Exhibits) (jh, )
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Filing 102
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 6/14/2022. The parties reported that they have reached a settlement in principle but require time to finalize the agreement. As discussed on the record, any motion for preliminary approval of the settlement must be filed on or before 7/20/2022. A continued status hearing is set for 7/26/2022 at 10:00 AM. Members of the public and media may listen to these proceedings by dialing 1-888-684-8852 and using access code 3796759. 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 (ef, )
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Filing 101
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 5/26/2022. The parties reported on the status of the case. To permit ongoing settlement negotiations to mature, a continued status hearing is set for 6/15/2022 at 10:10 AM. Members of the public and media may listen to these proceedings by dialing 1-888-684-8852 and using access code 3796759. 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 (ef, )
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Filing 100
MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney #99 is granted. Attorney Paul John Yovanic, Jr. is withdrawn as counsel of record. Mailed notice (ef, )
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Filing 99
MOTION by Attorney Paul Yovanic to withdraw as attorney for Northshore University Healthsystem. No party information provided (Yovanic, Paul)
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Filing 98
ORDER signed by the Honorable John F. Kness on 5/10/2022: Plaintiffs' agreed motion for return of bond #95 is granted. The Court respectfully directs the Clerk of the Court to disburse the principal plus any earned interest of the five-thousand-dollar ($5,000) cash bond deposited on November 4, 2021, by Horatio Mihet on behalf of Plaintiffs Jane Does 1-14 to: Liberty Counsel, attn: Horatio Gabriel Mihet, 1053 Maitland Center Commons, Second Floor, Maitland, FL 32751. Mailed notice(ef, )
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Filing 97
MINUTE entry before the Honorable John F. Kness: The agreed joint motion #96 and request for status conference is granted. A status hearing is set for 5/26/2022 at 10:30 AM. The parties are directed to use the same call-in information #51 . With the consent of the parties, the current case management order #67 is vacated and will be amended, as needed, by separate order following the upcoming hearing. Mailed notice (ef, )
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Filing 96
MOTION by Defendant Northshore University Healthsystem and Request for Status Conference (AGREED JOINT) (Dahlquist, David)
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Filing 95
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for release of bond obligation (UNOPPOSED) (Mihet, Horatio)
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Filing 94
MINUTE entry before the Honorable John F. Kness: It appears that the motion by counsel to withdraw as attorney #93 has been filed on the incorrect docket. Accordingly, the motion is stricken. Mailed notice (ef, )
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Filing 93
MOTION by Attorney Paul Yovanic to withdraw as attorney for Northshore University Healthsystem. No party information provided (Yovanic, Paul)
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Filing 92
TRANSCRIPT OF PROCEEDINGS held on 11/16/21 before the Honorable John F. Kness. Order Number: 42173, 42871. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, 312-435-6890. 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 5/25/2022. Redacted Transcript Deadline set for 6/6/2022. Release of Transcript Restriction set for 8/2/2022. (Labella, Nancy)
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Filing 91
REPLY by Northshore University Healthsystem to MOTION by Defendant Northshore University Healthsystem to compel Plaintiffs' Rule 26(a) Disclosures #83 (Dahlquist, David)
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Filing 90
RESPONSE by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9in Opposition to MOTION by Defendant Northshore University Healthsystem to compel Plaintiffs' Rule 26(a) Disclosures #83 (Attachments: #1 Exhibit A - Declaration of Horatio G. Mihet, #2 Exhibit 1 - Email Communications, #3 Exhibit 2 - Email Communications, #4 Exhibit 3 - Email Communications)(Mihet, Horatio)
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Filing 89
MINUTE entry before the Honorable John F. Kness: Plaintiffs' agreed motion #88 for an extension of time to file their response to Defendant's motion to compel #83 is granted. Plaintiffs' response must be filed on or before 4/5/2022. Defendant's reply, if any, must be filed on or before 4/19/2022. Mailed notice (jfk)
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Filing 88
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for extension of time to file response/reply as to motion to compel #83 (Unopposed) (Mihet, Horatio)
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Filing 87
TRANSCRIPT OF PROCEEDINGS held on 10/29/21 before the Honorable John F. Kness. Order Number: 41973. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, 312-435-6890. 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 4/11/2022. Redacted Transcript Deadline set for 4/21/2022. Release of Transcript Restriction set for 6/20/2022. (Labella, Nancy)
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Filing 86
MINUTE entry before the Honorable John F. Kness: By agreement of the parties, the Court sets the following briefing schedule on Defendant's motion to compel #83 : Plaintiffs must respond on or before 3/31/2022 and Defendant must reply on or before 4/14/2022. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Mailed notice (ef, )
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Filing 85
EXHIBIT by Defendant Northshore University Healthsystem (Exhibit B - REDACTED) regarding MOTION by Defendant Northshore University Healthsystem to compel Plaintiffs' Rule 26(a) Disclosures #83 (Dahlquist, David)
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Filing 84
STATEMENT by Defendant Northshore University Healthsystemin Support of MOTION by Defendant Northshore University Healthsystem to compel Plaintiffs' Rule 26(a) Disclosures #83 (Dahlquist, David)
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Filing 83
MOTION by Defendant Northshore University Healthsystem to compel Plaintiffs' Rule 26(a) Disclosures (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B)(Dahlquist, David)
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Filing 82
REPLY by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 to response to motion, #81 for leave to amend complaint (Attachments: #1 Exhibit A - Counsel Communications, #2 Exhibit B - Draft Non-Opposition)(Mihet, Horatio)
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Filing 81
RESPONSE by Northshore University Healthsystem to MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 to amend/correct complaint,,,, #1 #73 (Dahlquist, David)
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Filing 80
AGREED CONFIDENTIALITY ORDER signed by the Honorable John F. Kness on 3/7/2022. Mailed notice(ef, )
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Filing 79
MINUTE entry before the Honorable John F. Kness: Joint Motion for entry of agreed confidentiality order #77 is granted. Enter separate order. Mailed notice (ef, )
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Filing 78
SUPPLEMENT to motion to amend/correct, #73 (Plaintiffs' Supplement to their Motion for Leave to Amend Complaint) (Mihet, Horatio)
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Filing 77
MOTION by Defendant Northshore University Healthsystem for protective order (AGREED) Confidentiality Order (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B)(Dahlquist, David)
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Filing 76
MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Plaintiffs' motion for leave to amend complaint #73 : Defendant's response, if any, must be filed on or before 3/7/2022 and Plaintiffs must reply on or before 3/21/2022. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Mailed notice (ef, )
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Filing 75
Statement Regarding Conferral and Briefing Schedule on Plaintiffs' Motion for Leave to Amend Complaint STATEMENT by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 (Mihet, Horatio)
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Filing 74
MEMORANDUM by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 in support of motion to amend/correct, #73 (Attachments: #1 Exhibit 1 - Proposed Amended Complaint - Clean, #2 Exhibit 2 - Proposed Amended Complaint - Redline)(Mihet, Horatio)
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Filing 73
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 to amend/correct complaint,,,, #1 (Mihet, Horatio)
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Filing 72
MINUTE entry before the Honorable John F. Kness: Plaintiffs' Agreed Motion for extension of time to Amend #71 is granted. Plaintiffs' amended complaint must be filed by 2/14/2022. Mailed notice (ef, )
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Filing 71
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for extension of time to amend Complaint (one week) (unopposed) (Mihet, Horatio)
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Filing 70
MINUTE entry before the Honorable John F. Kness: The Court's minute entry dated 1/20/2022 #67 , is amended as follows: Any motion to amend the pleadings must be filed on or before 2/7/2022. Mailed notice (ef, )
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Filing 69
REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of $402.00, receipt no. 0752-18802873, (Mihet, Horatio) #68 (td, )
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Filing 68
REQUEST for Clerk of Court to refund filing fee in the amount of $402.00, receipt no. 0752-18802873, (Mihet, Horatio)
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Filing 67
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 1/20/2022. The Court adopts the parties' proposed scheduling order, in part, and with the changes stated by the Court on the record. Any motion to amend the pleadings must be filed on or before 2/1/2022; any class certification motion must be filed on or before 5/16/2022 ; responses to class certification motions must be filed on or before 6/27/2022; replies to class certification motions must be filed on or before 7/11/2022; fact discovery must be completed on or before 10/3/2022; and Plaintiff's expert disclosures and reports are due on or before 11/4/2022. The parties are directed to meet and confer regarding a proposed schedule governing the remainder of the case. On or before 2/1/2022, the parties must and submit a Word version of their proposed agreed scheduling (or competing proposals, if the parties cannot agree) to the Court's proposed order mailbox, Proposed_Order_Kness@ilnd.uscourts.gov. A status hearing, as needed, will be set by separate order. Mailed notice (vcf, )
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Filing 66
REPORT of Rule 26(f) Planning Meeting by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 (Mihet, Horatio)
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Filing 65
CERTIFIED copy of order dated 12/16/21 from the Seventh Circuit regarding notice of appeal, #53 ; Appellate case no. : 21-3243. IT IS ORDERED that this appeal is voluntarily DISMISSED pursuant to Federal Rule of Appellate Procedure 42(b ), with costs taxed to the appellants. (nsf, )
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Filing 64
MANDATE of USCA dated 12/16/21 regarding notice of appeal, #53 ;USCA No.21-3243 ; No record to be returned. (nsf, )
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Filing 63
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 12/08/2021. On or before 1/13/2022, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report. A continued status hearing is set for 1/20/2022 at 10:40 AM. The parties are directed to use the same call-in information #51 . Mailed notice (ef, )
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Filing 62
AMENDED ORDER dated 12/14/2021 from the Seventh Circuit regarding notice of appeal, #53 ; Appellate case no. : 21-3242. IT IS ORDERED that the motion for an injunction pending appeal is DENIED. IT IS FURTHER ORDERED that the request to expedite the appeal is GRANTED. The parties shall submit a joint statement with a proposed schedule for briefing and argument by Friday, December 17, 2021. Briefing should be completed by approximately February 1, 2022, so oral argument can follow shortly thereafter. (nsf, )
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Filing 61
AMENDED ORDER dated 12/14/2021 from the Seventh Circuit regarding notice of appeal, #53 ; Appellate case no. : 21-3242. IT IS ORDERED that the motion for an injunction pending appeal is DENIED. IT IS FURTHER ORDERED that the request to expedite the appeal is GRANTED. The parties shall submit a joint statement with a proposed schedule for briefing and argument by Friday, December 17, 2021. Briefing should be completed by approximately February 1, 2021, so oral argument can follow shortly thereafter. (nsf, )
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Filing 60
USCA ORDER 12/13/21 from the Seventh Circuit regarding notice of appeal, #53 ; Appellate case no. : 21-3242. IT IS ORDERED that the motion for an injunction pending appeal is DENIED. IT IS FURTHER ORDERED that the request to expedite the appeal is GRANTED. The parties shall submit a joint statement with a proposed schedule for briefing and argument. Briefing should be completed by approximately February 1, 2021, so oral argument can follow shortly thereafter. (nsf, )
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Filing 59
USCA ORDER dated 12/13/21 from the Seventh Circuit regarding notice of appeal, #53 ; Appellate case no. : 21-3242. IT IS ORDERED that the motion to seal is DENIED. Anonymous litigation is generally disfavored, and the plaintiffs have not justified anonymity in this appeal. See OPER. P. l0(a); Doe v. City of Chicago, 360 F.3d 667, 669 (7th Cir. 2004). (nsf, )
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Filing 58
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiffs' motion #57 for an injunction pending resolution of their appeal #53 of this Court's denial of a preliminary injunction #52 . Plaintiffs note that they must seek an injunction pending appeal from the district court before requesting that relief from the Seventh Circuit. Fed. R. App. P. 8(a)(1)(C). In their motion for a stay, Plaintiffs explain correctly that the "standard for granting a stay pending appeal mirrors that for granting a preliminary injunction." In re A & F Enterprises, Inc. II, 742 F.3d 763, 766 (7th Cir. 2014). Although Plaintiffs' motion provides citations to authority (some new) that Plaintiffs contend supports a stay, the reasons the Court previously provided #52 for denying a preliminary injunction also support the denial of Plaintiffs' present request for a stay. Accordingly, and in the interest of providing Plaintiffs with the expeditious ruling they have specifically requested (Dkt. 57 at 8), the Court denies Plaintiffs' motion for an injunction pending appeal without requiring Defendant to file a response. The status hearing set for 12/14/2021 remains firm; the parties must be prepared to address whether and, if so, how to proceed with the litigation during the pendency of the interlocutory appeal. Mailed notice (ef, )
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Filing 57
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for an Injunction Pending Appeal and Request for Expedited Consideration (Mihet, Horatio)
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Filing 56
ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal, #53 ; USCA Case No. 21-3242. (nsf, )
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Filing 55
TRANSMITTED to the 7th Circuit the short record on notice of appeal, #53 . Notified counsel. (nsf, )
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Filing 54
NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal, #53 . (nsf, )
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Filing 53
NOTICE of appeal by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 regarding orders #52 Filing fee $ 505, receipt number 0752-18930118. Receipt number: n (Mihet, Horatio)
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Filing 52
MEMORANDUM Opinion and Order signed by the Honorable John F. Kness on 11/30/2021. Mailed notice(ef, )
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Filing 51
MINUTE entry before the Honorable John F. Kness: For the reasons stated in the accompanying Memorandum Opinion and Order, Plaintiffs' motion for preliminary injunction #4 and motion to extend preliminary injunction relief to the provisional class #36 are denied. Plaintiffs' motion for leave to file supplemental declaration of Jane Doe 1 and of Horatio G. Mihet #49 is granted. Telephonic Status hearing set for 12/14/2021 at 10:40 AM. The parties are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 50
NOTICE by All Plaintiffs of Supplemental Authority in Support of Plaintiffs' Motion for Preliminary Injunction (Attachments: #1 Exhibit A - Missouri v. Biden Preliminary Injunction)(Mihet, Horatio)
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Filing 49
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for leave to file Supplemental Declaration of Jane Doe 1, and Supplemental Declaration of Horatio G. Mihet, in Support of Preliminary Injunction Motion (Attachments: #1 Exhibit 1 - Supplemental Declaration of Jane Doe 1, #2 Exhibit 1A - Exhibit A to Supplemental Declaration of Jane Doe 1, #3 Exhibit 2 - Supplemental Declaration of Horatio G. Mihet)(Mihet, Horatio)
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Filing 48
MINUTE entry before the Honorable John F. Kness: Telephonic oral argument on the motion for preliminary injunction #4 held on 11/16/2021. For the reasons provided on the record and at the 10/29/2021 hearing, the existing temporary restraining order is extended to 11/29/2021. See Fed. R. Civ. P. 65(b)(2). This matter is taken under advisement for a ruling by mail. Defendant's motion for leave to file under seal #46 and motion for leave to file excess pages #47 are granted. Mailed notice (ef, )
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Filing 47
MOTION by Defendant Northshore University Healthsystem for leave to file excess pages (Dahlquist, David)
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Filing 46
MOTION by Defendant Northshore University Healthsystem to seal document sealed document #45 (Dahlquist, David)
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Filing 45
SEALED DOCUMENT by Defendant Northshore University Healthsystem Exhibit 6 (Dahlquist, David)
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Filing 44
MEMORANDUM by Northshore University Healthsystem in Opposition to motion for miscellaneous relief,,,, motion to certify class,,,, motion for leave to file excess pages,,, #36 (Attachments: #1 Declaration of D. Sparacino, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6 (Under Seal))(Dahlquist, David)
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Filing 43
ANSWER to Complaint DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS' VERIFIED CLASS ACTION COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF AND DAMAGES by Northshore University Healthsystem(Jacobs, Marc)
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Filing 42
MEMORANDUM by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 in support of motion for preliminary injunction #4 (Supplemental PI Memo) (Attachments: #1 Exhibit A - Declaration of Jane Doe 1, #2 Exhibit 1 - FAQ Memo, #3 Exhibit 2 - Sept. 1 Memo, #4 Exhibit 3 - Sept. 16 Memo, #5 Exhibit 4 - Sept. 17 Memo, #6 Exhibit 5 - Sept. 30 Memo, #7 Exhibit 6 - Oct. 28 Memo, #8 Exhibit 7 - Oct. 7 Memo, #9 Exhibit B - FOP v. City of Chicago)(Mihet, Horatio)
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Filing 41
RESPONSE by Northshore University Healthsystemin Opposition to MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for preliminary injunction #4 (Attachments: #1 Exhibit Exhibits)(Jacobs, Marc)
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Filing 40
MINUTE entry before the Honorable John F. Kness: Plaintiffs' Unopposed Motion for one day extension of time #39 is granted. Mailed notice (ef, )
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Filing 39
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for extension of time (One Day) for the Parties to File their Respective Briefs on Plaintiffs' Motion for Preliminary Injunction (UNOPPOSED) (Mihet, Horatio)
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Filing 37
MEMORANDUM by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 in support of motion for miscellaneous relief,,,, motion to certify class,,,, motion for leave to file excess pages,,, #36 (Attachments: #1 Exhibit 1 - Declaration of Coerced Employee #1, #2 Exhibit 2 - Declaration of Coerced Employee #2, #3 Exhibit 3 - Declaration of Coerced Employee #3, #4 Exhibit 4 - Declaration of Coerced Employee #4, #5 Exhibit 5 - Declaration of Coerced Employee #5, #6 Exhibit 6 - Declaration of Coerced Employee #6, #7 Exhibit 7 - Declaration of Coerced Employee #7, #8 Exhibit 8 - Declaration of Coerced Employee #8, #9 Exhibit 9 - Declaration of Coerced Employee #9, #10 Exhibit 10 - Declaration of Horatio G. Mihet, #11 Exhibit 11 - Sambrano TRO)(Mihet, Horatio)
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Filing 36
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9Extend Preliminary Injunctive Relief to the Provisional Class, , MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 to certify class conditionally or provisionally for purposes of preliminary injunctive relief, MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for leave to file excess pages in supporting memorandum (Mihet, Horatio)
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Filing 35
MINUTE entry before the Honorable John F. Kness: Plaintiffs' agreed motion for an extension of time #34 is granted. Mailed notice (jk)
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Filing 34
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for extension of time (until Monday, Nov. 8, 2021 at noon) to file class-relief motion, and request for expedited consideration (UNOPPOSED) (Mihet, Horatio)
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Filing 38
Registry Deposit Information Form by Horatio Mihet. (cp, )
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BOND in the amount of $ 5,000 Cashier's check, receipt no. 4624263967 posted by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 (sxh, )
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Filing 33
ORDER signed by the Honorable John F. Kness on 11/3/2021: Per the Temporary Restraining Order entered on 11/1/2021 #31 , Plaintiffs are ordered to deposit five thousand-dollars ($5,000) with the Clerk of the Court into Courts Registry, and Clerk of the Court is directed to invest funds into CRIS (interest bearing account) until further order of the Court. Mailed notice(ef, )
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Filing 32
ATTORNEY Appearance for Defendant Northshore University Healthsystem by David Edward Dahlquist (Dahlquist, David)
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Filing 31
TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 11/1/2021. Mailed notice(ef, )
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Filing 30
MINUTE entry before the Honorable John F. Kness: The Court held a telephonic hearing on 10/29/2021 to consider the motions for a temporary restraining order #3 and preliminary injunction #4 . For the reasons stated on the record, the temporary restraining order is granted in part. The parties are ordered to meet and confer on (1) the final text of a binding restraining order and (2) security (see Fed. R. Civ. P. 65(c)), and the parties should submit a proposed order to proposed_order_kness@ilnd.uscourts.gov by 5:00 P.M. on 11/1/2021. As explained in the Court's oral order, that temporary restraining order will become effective on 11/1/2021, and the Court will consider an extension after fourteen days pending resolution of the upcoming preliminary injunction hearing. The motion for a preliminary injunction #4 is held in abeyance pending briefing by the parties, which should be filed no later than 11:59 P.M. on 11/10/2021. A telephonic hearing on the motion for a preliminary injunction is set for 11/16/2021 at 2:00 P.M. In their briefing, the parties should consider specifically addressing the question of potential irreparable harm, and whether those harms apply to private defendants in the Title VII context. As well, the parties should consider addressing the relevance of potential accommodations granted for medical or disability reasons to Plaintiffs seeking similar accommodations for religious reasons. The parties should also consider addressing whether Plaintiffs may continue to pursue their case pseudonymously (recognizing that Plaintiff has already submitted a brief on the issue). The Court will allow oversized briefs, within reason and only to the extent truly necessary to fully brief the arguments. Separately, Plaintiffs may file a brief on preliminary class certification by 11/05/2021, to which Defendants may respond by 11/12/2021. Mailed notice (ef, )
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Filing 29
NOTICE by All Plaintiffs of Supplemental Authorities for TRO Hearing (Attachments: #1 Exhibit A - Lancet Study of Transmission of Delta from Vaccinated Individuals)(Mihet, Horatio)
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Filing 28
NOTICE by All Plaintiffs of Filing Supplemental Recently-Decided Authorities for TRO Hearing (Attachments: #1 Exhibit A - Darnell TRO Extension Order, #2 Exhibit B - Riverside Healthcare TRO)(Mihet, Horatio)
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Filing 27
NOTICE by All Plaintiffs of Filing Supplementary Material (DOJ EUA Memorandum) for TRO Hearing (Attachments: #1 Exhibit A - DOJ EUA Memorandum)(Mihet, Horatio)
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Filing 26
DECLARATION of Horatio Mihet Regarding Plaintiffs' Filing of Charges of Discrimination with the Equal Employment Opportunity Commission (Mihet, Horatio)
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Filing 25
MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice #15 is granted. Mailed notice (ef, )
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Filing 24
RESPONSE by Northshore University Healthsystem to MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for temporary restraining order #3 (Jacobs, Marc)
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Filing 23
MINUTE entry before the Honorable John F. Kness: Defendant's Motion for leave to file a brief in excess of 15 pages #22 is granted. Mailed notice (ef, )
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Filing 22
MOTION by Defendant Northshore University Healthsystem for leave to file A BRIEF IN EXCESS OF 15 PAGES (Jacobs, Marc)
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Filing 21
MINUTE entry before the Honorable John F. Kness: Plaintiffs filed a motion seeking reconsideration of the Court's order (Dkt. 11) that they file an amended complaint bearing their legal names on or before 5:00 p.m. today. In the alternative, Plaintiffs ask the Court to extend the filing deadline "sufficiently for the Court to consider Plaintiffs' arguments." Because Plaintiffs have submitted a substantive and detailed memorandum of law that raises considered arguments in support of their motion, and because the Court has not yet received the benefit of Defendant's substantive views on this issue, the motion is granted in part. The deadline for the filing of an amended, non-pseudonymous complaint is held in abeyance pending resolution of Plaintiffs' motion for reconsideration. Defendant need not and should not address this issue in writing at this time, pending further Court order. The hearing on Plaintiffs' motion for a TRO remains set for tomorrow at 10:30 a.m. Mailed notice (ef, )
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Filing 20
ATTORNEY Appearance for Defendant Northshore University Healthsystem by Paul John Yovanic, Jr (Yovanic, Paul)
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Filing 19
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Northshore University Healthsystem (Jacobs, Marc)
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Filing 18
ATTORNEY Appearance for Defendant Northshore University Healthsystem by Marc R. Jacobs (Jacobs, Marc)
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Filing 17
MEMORANDUM by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 in support of motion for reconsideration,,,, motion for miscellaneous relief,,,, extension of time,,, #16 (Attachments: #1 Declaration Horatio Mihet)(Mihet, Horatio)
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Filing 16
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for reconsideration of Court's Order Requiring Public Disclosure of Plaintiffs' Identities, MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9Leave to Proceed Under a Pseudonym and for Protective Order , MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for extension of time to Comply with the Court's Order (Mihet, Horatio)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18812162. (Attachments: #1 Addendum - Court Admitted)(Gannam, Roger)
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Filing 14
CERTIFICATE of Service by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 AND Notice of Compliance with Court's Order re Service Upon and Notice to Defendant (Attachments: #1 Exhibit A - Counsel Communications)(Mihet, Horatio)
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Filing 13
SUMMONS RETURN Executed by Plaintiffs as to Northshore University Health system on 10/27/2021, answer due 11/17/2021. Affidavit of Service filed by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 regarding Summons, Civil Cover Sheet, Complaint, TRO Motion and Memo, and TRO Scheduling Order served on NorthShore University Health System on 10/27/2021 (Mihet, Horatio) Docket Text Modified by Clerk's Office on 10/28/2021 (cp, ).
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Filing 12
ATTORNEY Appearance for Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 by Sorin Adrian Leahu (Leahu, Sorin)
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Filing 11
MINUTE entry before the Honorable John F. Kness: Before the Court in this newly-filed action is Plaintiffs' motion seeking entry of a temporary restraining order. (Dkt. 3.) In view of Plaintiffs' allegations concerning the urgent nature of the relief they seek, a telephonic hearing on the motion for a TRO is set for 10/29/2021 at 10:30 AM. Plaintiffs' counsel are directed to use all reasonable means, forthwith, to alert Defendant to the pendency of the TRO motion and to provide Defendant with a copy of this minute order. Cf. Fed. R. Civ. P. 65(b)(1)(B). Plaintiffs' counsel must file an affidavit or certificate of service on the docket within four hours of effecting service on Defendant; the affidavit or certificate must describe in reasonable detail the steps Plaintiffs' counsel have taken to effect service. Failure to move with reasonable haste to alert Defendant to the pendency of the TRO motion may result in the Court denying the motion. Defendant is granted leave to file a written response to the TRO motion (via CM/ECF) on or before 5:00 p.m. CDT on 10/28/2021. Given the compressed schedule, no written reply brief will be permitted. Finally, Plaintiffs purport to proceed anonymously, but the Court can glean from Plaintiffs' submissions no exceptional circumstances that would justify allowing an anonymous filing (Plaintiffs did not seek leave to proceed anonymously; see, e.g., Fed. R. Civ. P. 10(a) ("The title of the complaint must name all the parties"). In view of the strong public interest in knowing who is seeking recourse in the federal courts, the Court is compelled not to permit Plaintiffs to conceal their own identities. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016); see XYZ Corp. v. Partn. and Unincorporated Associations Identified on Sched. "A", 2020 WL 6681360, at *1 (N.D. Ill. Nov. 12, 2020) ("No-name litigation is the rare exception, not the Rule"). Accordingly, on or before 5:00 p.m. CDT on 10/28/2021, Plaintiffs must, if they choose to proceed with this litigation, file an amended complaint with a caption that bears their legal names. The parties are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) Docket Text Modified by Judicial Staff on 10/26/2021 (ef, ).
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Filing 10
MINUTE entry before the Honorable John F. Kness: Motions by counsel for leave to appear pro hac vice #7 #9 are granted. Mailed notice (ef, )
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SUMMONS Issued as to Defendant Northshore University Healthsystem (mxo, )
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Filing 9
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18804457. (Schmid, Daniel)
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Filing 8
Designation of Local Counsel by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 (Mihet, Horatio)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18804406. (Mihet, Horatio)
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Filing 6
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for leave to file excess pages instanter (Mihet, Horatio)
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Filing 5
MEMORANDUM by Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 in support of motion for preliminary injunction #4 , motion for temporary restraining order, #3 (Attachments: #1 Exhibit A - TRO in Darnell v Quincy Physicians and Surgeons)(Mihet, Horatio)
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Filing 4
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for preliminary injunction (Mihet, Horatio)
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Filing 3
MOTION by Plaintiffs Jane Doe 1, Jane Doe 10, Jane Doe 11, Jane Doe 12, Jane Doe 13, Jane Doe 14, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9 for temporary restraining order (Mihet, Horatio)
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Filing 2
CIVIL Cover Sheet (Mihet, Horatio)
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Filing 1
COMPLAINT filed by Jane Doe 6, Jane Doe 11, Jane Doe 3, Jane Doe 7, Jane Doe 9, Jane Doe 2, Jane Doe 12, Jane Doe 14, Jane Doe 8, Jane Doe 1, Jane Doe 4, Jane Doe 10, Jane Doe 13, Jane Doe 5; n. Filing fee $ 402, receipt number 0752-18803721. (Attachments: #1 Exhibit 1 - Employee Witness Declarations, #2 Exhibit 2 - Example of Exemptions, #3 Exhibit 3 - Request for Religious Exemption Form, #4 Exhibit 4 - Religious Exemption Denial Sample, #5 Exhibit 5 - Appeal for Exemption, #6 Exhibit 6 - Explanation of Exemption Criteria, #7 Exhibit 7 - Revised Request for Religious Exemption Sample, #8 Exhibit 8 - Exemption Approval Jane Doe 15, #9 Exhibit 9 - Demand Letter on Behalf of Plaintiffs, #10 Exhibit 10 - Northshore Response Letter, #11 Exhibit 11 - FDA Letter to BioNTech, #12 Exhibit 12 - FDA EUA Letter to Pfizer-BioNTech, #13 Exhibit 13 - EUA Fact Sheet for Moderna, #14 Exhibit 14 - EUA Fact Sheet for Pfizer-BioNTech, #15 Exhibit 15 - EUA Fact Sheet for Jannsen)(Mihet, Horatio)
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (dxb, )
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