Libertarian Party of Illinois et al v. Yarbrough, in her officially capacity as Cook County Clerk et al
| Libertarian Party of Illinois, Steve Suess, Justin Tucker, Adam Balling, Steve Dutner, James Humay, Jason Ross Decker, Brandon Sizelove, Daniel E Van Ginder, David Josephs and Linda Cerva |
| Karen A Yarbrough, in her officially capacity as Cook County Clerk, Chicago Board of Elections, Marisel A. Hernandez, William J. Kresse, June A Brown and Karen A. Yarbrough |
| Illinois Green Party, Richard Giovanni and Rita Maniotis |
| 1:2022cv00578 |
| February 1, 2022 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| Civil Rights: Voting |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.
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| Filing 39 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 3/18/2022. Counsel reported to the court that the parties are in settlement negotiations. Telephonic hearing continued to 4/6/2022 at 9:30 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. The parties are directed to file a brief status report on or before 4/1/2022. Mailed notice (cn). |
| Filing 38 STATUS Report (Joint Status Report) by Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder (Finko, Andrew) |
Filing 37
ORDER signed by the Honorable Robert W. Gettleman on 3/14/2022: For the reasons set forth in the attached Order, the Illinois Green Party's motion to intervene #23 is denied. The hearing previously set for March 16, 2022, is stricken. Mailed notice (cn).
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| Filing 36 RESPONSE by Intervenor Illinois Green Party (Summers, Scott) |
| Filing 35 RESPONSE by Karen A. Yarbroughin Opposition to Motion to InterveneScott Summers MOTION by Intervenor Illinois Green Party for leave to appear as Attorney Motion to InterveneScott Summers #23 (Attachments: #1 Exhibit A)(Masters, Silvia) |
| Filing 34 ANSWER to Complaint by Karen A. Yarbrough(Masters, Silvia) |
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Filing 33
ORDER signed by the Honorable Robert W. Gettleman on 3/4/2022. Mailed notice (cn).
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| Filing 32 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic motion hearing held on 3/4/2022. For the reasons stated on the record, the amended emergency motion for Preliminary Injunction and/or Temporary Restraining Order #11 is granted. Plaintiff's counsel is directed to submit a draft order consistent with the findings and directions stated by the court. The parties are directed to file a joint status report by 3/16/2022. Telephonic status hearing set for 3/18/2022 at 10:15 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Defendants' responsive pleading to the complaint due on or before 3/8/2022. Mailed notice (cn). |
| Filing 31 MINUTE entry before the Honorable Robert W. Gettleman: The court sua sponte resets the telephonic hearing on plaintiff's emergency motion for preliminary injunction #11 from 3/4/2022 at 11:30 a.m. to 3/4/2022 at 11:00 a.m. (TIME CHANGE ONLY). The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). |
| Filing 30 TRANSCRIPT OF PROCEEDINGS held on February 23, 2022 before the Honorable Robert W. Gettleman. Order Number: 42703. Court Reporter Contact Information: Nancy L. Bistany; nancy_bistany@ilnd.uscourts.gov; bistanyofficialtranscripts@gmail.com. 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 3/22/2022. Redacted Transcript Deadline set for 4/1/2022. Release of Transcript Restriction set for 5/30/2022. (Bistany, Nancy) |
| Filing 29 RESPONSE by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder to motion for preliminary injunction, #11 , sur-reply #25 , memorandum in support of motion, #12 (Corrected) (Finko, Andrew) |
| Filing 28 RESPONSE by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder to motion for preliminary injunction, #11 , sur-reply #25 , memorandum in support of motion, #12 (Finko, Andrew) |
| Filing 27 PROPOSED verified intervening complaint for emergency declaratory and injunctive relief (Summers, Scott) Modified on 2/28/2022 (exr, ). |
| Filing 26 MOTION by Intervenor Illinois Green Partyproposed intervening complaint Motion to Intervene (Summers, Scott) |
| Filing 25 SUR-REPLY by Defendant Karen A. Yarbrough to motion for preliminary injunction, #11 in Opposition to Motion (Masters, Silvia) |
| Filing 24 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 2/23/2022. Oral arguments heard on the amended emergency motion for preliminary injunction and/or temporary restraining order #11 . Defendant's supplemental brief addressing the arguments addressed on the record due by 2/25/2022; plaintiff's supplemental brief due by 2/28/2022. Telephonic hearing on the plaintiff's emergency motion for preliminary injunction #11 continued to 3/4/2022 at 11:30 a.m. The emergency motion to intervene #23 does not comply with Federal Rule of Civil Procedure 24 and the movant is directed file a proposed intervening complaint to supplement the motion by 2/25/2022. Responses to the motion to intervene #23 due by 3/9/2022; reply due by 3/14/2022. Telephonic hearing on the motion to intervene set for 3/16/2022 at 9:30 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). |
| Filing 23 Motion to InterveneScott Summers MOTION by Intervenor Illinois Green Party for leave to appear as Attorney Motion to InterveneScott Summers (Attachments: #1 Appearence)(Summers, Scott) |
| Filing 22 REPLY by Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder to MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Amended) #11 , memorandum in support of motion, #12 (Finko, Andrew) |
| Filing 21 MINUTE entry before the Honorable Robert W. Gettleman: Defendant Cook County Clerk's motion for leave to file brief in excess of 15 pages #19 is granted. Mailed notice (cn). |
| Filing 20 RESPONSE by Karen A. Yarbroughin Opposition to MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Amended) #11 (Attachments: #1 Exhibit A)(Masters, Silvia) |
| Filing 19 MOTION by Defendant Karen A. Yarbrough for leave to file excess pages Unopposed (Masters, Silvia) |
| Filing 18 ATTORNEY Appearance for Defendant Karen A. Yarbrough by Leilani Ana-maria Pino (Pino, Leilani) |
| Filing 17 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 2/9/2022. Motion to withdraw prior filings Dkt. #3 and #4 #10 is granted and Emergency Motion For Preliminary Injunction and/or Temporary Restraining Order and Memorandum of Law in Support #3 and Emergency Motion For Preliminary Injunction and/or Temporary Restraining Order and Memorandum of Law in Support #4 are withdrawn. Defendant's response to the Amended Emergency Motion for Preliminary Injunction and/or Temporary Restraining Order #11 due by 2/16/2022; plaintiffs' reply due by 2/18/2022. Telephonic hearing for oral argument on the Emergency Motion #11 set for 2/23/2022 at 11:00 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. On plaintiff's Stipulation #15 and by agreement, Chicago Board of Election Commissioners and Commissioners Marisel Hernandez, William Kresse, and June Brown are dismissed without prejudice. Mailed notice (cn). |
| Filing 16 ATTORNEY Appearance for Defendant Karen A. Yarbrough by Silvia Mercado Masters (Masters, Silvia) |
| Filing 15 STIPULATION of Dismissal Chicago Board of Election Commissioners, and Commissioners Hernandez, Kresse, and Brown (Finko, Andrew) |
| Filing 14 ATTORNEY Appearance for Defendant Karen A. Yarbrough by Jessica Megan Scheller Office of the Cook County State's Attorney (Scheller, Jessica) |
| Filing 13 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing on Plaintiff's motion to withdraw prior filings Dkt. #3 and #4 #10 and Amended emergency motion for preliminary injunction and/or temporary restraining order #11 set for 2/9/2022 at 1:00 p.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). |
| Filing 12 MEMORANDUM by Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder in support of motion for preliminary injunction, #11 (Amended) (Attachments: #1 Exhibit Exceprted Elecion Code)(Finko, Andrew) |
| Filing 11 MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Amended) (Attachments: #1 Text of Proposed Order)(Finko, Andrew) |
| Filing 10 MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder to withdraw motion for preliminary injunction, #3 , motion for preliminary injunction, #4 (Finko, Andrew) |
| Filing 9 SUMMONS Returned Executed by Libertarian Party of Illinois as to June A Brown on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) |
| Filing 8 SUMMONS Returned Executed by Libertarian Party of Illinois as to William J. Kresse on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) |
| Filing 7 SUMMONS Returned Executed by Libertarian Party of Illinois as to Marisel A. Hernandez on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) |
| Filing 6 SUMMONS Returned Executed by Libertarian Party of Illinois as to Chicago Board of Elections on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) |
| Filing 5 SUMMONS Returned Executed by Libertarian Party of Illinois as to Karen A. Yarbrough on 2/4/2022, answer due 2/25/2022. (Finko, Andrew) |
| Filing 4 MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Corrected Exhibit A) (Attachments: #1 Text of Proposed Order (Corrected EXH A))(Finko, Andrew) |
| Filing 3 MOTION by Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder for preliminary injunction (Emergency Motion) (Attachments: #1 Text of Proposed Order)(Finko, Andrew) |
| SUMMONS Issued as to Defendants June A Brown, Chicago Board of Elections, Marisel A. Hernandez, William J. Kresse, Karen A. Yarbrough (ak, ) |
| Filing 2 ATTORNEY Appearance for Plaintiffs Adam Balling, Linda Cerva, Jason Ross Decker, Steve Dutner, James Humay, David Josephs, Libertarian Party of Illinois, Brandon Sizelove, Steve Suess, Justin Tucker, Daniel E Van Ginder by Andrew Finko (Finko, Andrew) |
| Filing 1 COMPLAINT filed by Linda Cerva, Jason Ross Decker, Steve Suess, Libertarian Party of Illinois, James Humay, Justin Tucker, Daniel E Van Ginder, Brandon Sizelove, Adam Balling, David Josephs, Steve Dutner; Filing fee $ 402, receipt number 0752-19112884. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Finko, Andrew) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ak, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (ak, ) |
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