F. et al v. Board of Education of Chicago Public School District #299 et al
| R. F., Caren Holderman and Janet Ahern |
| Board of Education of Chicago Public School District #299 and CEO Pedro Martinez |
| 1:2022cv02608 |
| May 18, 2022 |
| U.S. District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.
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Filing 46
MOTION by Plaintiff R. F. to stay case management deadline (Hallbauer, Miriam)
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Filing 45
AGREED CONFIDENTIALITY Order. Signed by the Honorable Jeffrey T. Gilbert on 6/28/2022. Mailed notice (ber, )
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Filing 44
MINUTE entry before the Honorable Jeffrey T. Gilbert: Agreed Motion for Protective Order #39 is granted. Enter Order. Mailed notice (ber, )
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Filing 43
MINUTE entry before the Honorable Joan B. Gottschall: In keeping with this court's standard practice, discovery supervision is referred to Judge Gilbert in order to allow him to oversee any discovery needed to facilitate the settlement conference scheduled for August 30, 2022. The referral includes the parties' motion #39 for entry of a confidentiality protective order. Counsel are directed to resubmit their proposed confidentiality protective order in accordance with Judge Gilbert's procedures for confidentiality orders (available from Judge Gilbert's page on the court's official website). Judge Gilbert has full authority to set and adjust discovery deadlines as he deems appropriate. The 9/7/2022 deadline to file a status report for the district judge shall stand. Mailed notice (mjc, )
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Filing 42
AGREED ORDER Signed by the Honorable Joan B. Gottschall on 6/23/2022.Mailed notice(mjc, )
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Filing 41
MINUTE entry before the Honorable Joan B. Gottschall: Enter order granting the parties' agreed motion #40 to withdraw plaintiff's motion for preliminary injunction #10 without prejudice and with leave to reinstate. In accordance with the order, the deadlines set for 6/24/2022 and the preliminary injunction hearing setting on 7/1/2022 are stricken. In lieu of setting a status hearing, a written status report is due on or before 9/7/2022.Mailed notice (mjc, )
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Filing 40
MOTION by Plaintiff R. F.Agreed Motion to Enter Agreed Order to Withdraw Motion for PI Without Prejudice (Schulte, Josephine)
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Filing 39
MOTION by Plaintiff R. F. for protective order (Schulte, Josephine)
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Filing 38
MINUTE entry before the Honorable Joan B. Gottschall: The preliminary injunction hearing is set for 10:00 a.m. on 7/1/2022. The hearing will be held by video conferencing. The parties and potential witnesses identified by the parties on 6/10/2022 will receive an invitation by email. Any changes to the witness lists must be made by email to [email protected] on or before 6/24/2022. Exhibit lists and proposed exhibits are also due on or before 6/24/2022. All proposed exhibits must be filed on the docket. Any exhibits submitted at the temporary restraining order stage must be refiled and marked with a new exhibit number at the preliminary injunction stage. Any party who files 50 pages or more of proposed exhibits must also deliver courtesy copies of the proposed exhibits to Judge Gottschall's chambers. Courtesy copies must be DELIVERED on or before 6/24/2022. Mailed notice (vcf, )
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Filing 37
MINUTE entry before the Honorable Joan B. Gottschall: In their response #33 filed 6/11/2022, defendants state that they do not oppose continuing the preliminary injunction hearing based on their understanding that plaintiffs are not seeking to extend the temporary restraining order beyond its facial expiration date of 6/16/2022. Accordingly, plaintiffs' motion #31 for a continuance is granted. The preliminary injunction setting for 6/15/2022 is stricken. A new hearing date and time will be set in a separate minute entry. Mailed notice (vcf, )
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Filing 36
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephonic hearing held on 6/13/22. Discussions held off the record with counsel. A continued telephonic status hearing is set for 8/3/22 at 10:30 a.m. A settlement conference is set for 8/30/22 at 1:15 p.m. via Cisco Webex. Plaintiffs' settlement letter shall be delivered to Defendants, with a copy delivered to the Court via the Court's settlement correspondence email at [email protected], on or before 7/13/22. Defendants' settlement letter shall be delivered to Plaintiffs, with a copy delivered to the Court via the Court's settlement correspondence email at [email protected], on or before 7/27/22. Settlement letters are not to be filed on the CM-ECF system. The parties and counsel are directed to the Court's Standing Order for Settlement Conference. The parties' settlement letters should conform as closely as possible to that Standing Order including with respect to page limitations. Counsel shall email the Court's courtroom deputy ([email protected]) to confirm whether all individuals that need to attend the settlement conference are available on that date. Counsel for both sides also shall send an email to the Court's courtroom deputy that includes the names and email addresses for all individuals who will attend the settlement conference so they can be connected to the Cisco WebEx platform for the settlement conference. The call-in number for the continued telephonic hearing on 8/3/22 is 877-336-1829, access code 1022195, press #. Members of the public and media will be able to 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. Mailed notice (ber, )
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Filing 35
Exhibit List and Exhibits for Preliminary Injunctive Hearing Proposed by Board of Education of Chicago Public School District #299, Pedro Martinez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Mincy, J)
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Filing 34
Exhibit List for Preliminary Injunction Hearing by R. F.. (Attachments: #1 Exhibit Plaintiff's Exhibit 1, #2 Exhibit Plaintiff's Exhibit 2A, #3 Exhibit Plaintiff's Exhibit 2B, #4 Exhibit Plaintiff's Exhibit 2C, #5 Exhibit Plaintiff's Exhibit 2D, #6 Exhibit Plaintiff's Exhibit 2E, #7 Exhibit Plaintiff's Exhibit 2F, #8 Exhibit Plaintiff's Exhibit 2G, #9 Exhibit Plaintiff's Exhibit 2H, #10 Exhibit Plaintiff's Exhibit 2I, #11 Exhibit Plaintiff's Exhibit 2J, #12 Exhibit Plaintiff's Exhibit 2K, #13 Exhibit Plaintiff's Exhibit 2L, #14 Exhibit Plaintiff's Exhibit 2M, #15 Exhibit Plaintiff's Exhibit 2N, #16 Exhibit Plaintiff's Exhibit 3)(Ellwein, Jaclyn)
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Filing 33
RESPONSE by Board of Education of Chicago Public School District #299, Pedro Martinez to MOTION by Plaintiff R. F. to continue hearing on motion for preliminary injunction #31 (Attachments: #1 Emails)(Mincy, J)
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Filing 32
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion #31 to continue the preliminary injunction hearing to a date at the end of June in view of defendants' representations that CPS is in compliance with the temporary restraining order and will be in compliance through the end of the school year on June 14, 2022. The court finds defendants' opposition to the continuance baffling, given that the temporary restraining order expires by its own terms on June 16, 2022, and given that the preliminary injunction hearing is set for June 15, 2022, leaving insufficient time for the court to issue a written decision on the preliminary injunction motion before the expiration date. Defendants' written response explaining the basis for their opposition to the proposed continuance is due by 4:30 p.m. on 6/13/2022. Mailed notice (mjc, )
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Filing 31
MOTION by Plaintiff R. F. to continue hearing on motion for preliminary injunction (Ellwein, Jaclyn)
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Filing 30
MINUTE entry before the Honorable Joan B. Gottschall: In their memorandum of law filed 6/10/2022, defendants represent that they have found a nurse for R.F. through 6/14/2022 and that R.F. was transported to school on 6/10/2022. Mem. 3. The court's understanding of defendants' memorandum is that they are not seeking to modify or dissolve the TRO at this time. The 6/15/2022 setting for a preliminary injunction hearing shall stand. The temporary restraining order dated 6/2/2022 remains in effect. Mailed notice (mjc, )
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Filing 29
MEMORANDUM order on motion to stay,,,,,, motion hearing,,,,,, status hearing,,,,,, set/reset hearings,,,,,, set motion and R&R deadlines/hearings,,,,, #25 by Board of Education of Chicago Public School District #299, Pedro Martinez in Response to the Court's Order dated June 8, 2022 (Mincy, J)
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Filing 28
MINUTE entry before the Honorable Joan B. Gottschall: For purposes of setting up the video conference, the names, phone numbers, and email addresses of all potential witnesses who may be called at the preliminary injunction hearing must be emailed to [email protected] by 3:00 p.m. on Friday, June 10, 2022. A link to join the video conference will be sent to each witness email address provided. Exhibit lists and proposed exhibits are due at or before noon on Monday, June 13, 2022. All proposed exhibits must be filed on the docket. Any exhibits submitted at the temporary restraining order stage must be refiled and marked with a new exhibit number at the preliminary injunction stage. Any party who files 50 pages or more of proposed exhibits must also deliver courtesy copies of the proposed exhibits to Judge Gottschall's chambers. Courtesy copies must be DELIVERED by no later than noon on Monday, June 13, 2022. Mailed notice (mjc, )
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Filing 27
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone conference held on 6/8/22. By 4:00 p.m. on 6/10/22, the parties shall send a joint letter to the Court's settlement correspondence email at [email protected] that summarizes the status of the parties' discussions, and identifies what, if any, issues the parties have been unable to resolve and whether the parties are continuing to discuss those issues themselves. A continued telephone conference is set for 6/13/22 at 11:00 a.m. The call-in number for the telephonic hearing is 877-336-1829, access code 1022195, press #. 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. Mailed notice (ber, )
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Filing 26
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: settlement conference. (mjc, )Mailed notice.
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Filing 25
MINUTE entry before the Honorable Joan B. Gottschall: Status and motion hearing held by teleconferencing. For the reasons stated on the record, defendants' motion #23 to stay the temporary restraining order is denied. If they wish, defendants may submit additional case law by no later than noon on 6/10/2022. Plaintiffs' oral motion for a 14-day extension of the temporary restraining order is denied. Plaintiffs' oral motion for leave to conduct expedited discovery in advance of the preliminary injunction hearing is granted. Both sides may conduct limited discovery in advance of the preliminary injunction hearing. Discovery disputes should be brought promptly to the court's attention via an appropriate motion to compel or for protective orderbut only after the parties have met and conferred in compliance with Local Rule 37.2. Defendants' motion to dismiss the complaint for failure to state a claim, contained in their response #12 to plaintiffs' motion for a temporary restraining order, is briefed as follows: response due: 6/29/2022; reply due: 7/13/2022. The preliminary injunction hearing is set for 10:00 a.m. on 6/15/2022. The hearing will be held by video conferencing. The parties will receive an invitation by email. Mailed notice (mjc, )
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Filing 24
MINUTE entry before the Honorable Joan B. Gottschall: Defendants have filed a motion #23 for a stay of the temporary restraining order based in part on representations concerning efforts to schedule an IEP-related meeting on July 6, 2022. The court has not heard from plaintiffs on this motion. Under Rule 65(b)(2), the temporary restraining order may be extended once for a maximum of 14 days, unless all parties agree to a further extension. Defendants' motion #23 to stay the temporary restraining order is set for hearing on 6/8/2022 at 10:30 a.m. The call-in number is (888) 684-8852, and the access code is 6692394. Counsel of record will receive an email 30 minutes prior to the start of the teleconference hearing. Please click on the hyperlink that will be provided to take you to Judge Gottschall's telephone conference login. From there, join conference as "Guest;" enter your name; type the digits in the picture; click on the "Call Me" option; and fill in your phone number (no hyphens) and name. If you do not have access to a computer, dial (888) 684-8852. As stated above, the access code is 6692394.Mailed notice (mjc, )
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Filing 23
MOTION by Defendants Board of Education of Chicago Public School District #299, Pedro Martinez to stay regarding order #22 until Conclusion of the Consent Assessment Planning Meeting and New IEP Adoption Process (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Mincy, J)
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Filing 22
TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 6/2/2022. Mailed notice(mjc, )
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Filing 21
MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 6/2/2022. Mailed notice(mjc, )
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Filing 20
MINUTE entry before the Honorable Joan B. Gottschall: Enter memorandum opinion and order granting plaintiffs' motion #10 for a temporary restraining order. Enter temporary restraining order. As stated in the temporary restraining order, a pre-hearing conference, to be held by teleconferencing, is set for 6/8/2022 at 10:30 a.m. The call-in number is (888) 684-8852, and the access code is 6692394. Counsel of record will receive an email 30 minutes prior to the start of the teleconference hearing. Please click on the hyperlink that will be provided to take you to Judge Gottschall's telephone conference login. From there, join conference as "Guest;" enter your name; type the digits in the picture; click on the "Call Me" option; and fill in your phone number (no hyphens) and name. If you do not have access to a computer, dial (888) 684-8852. As stated above, the access code is 6692394. Mailed notice (mjc, )
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Filing 19
ATTORNEY Appearance for Plaintiffs Janet Ahern, R. F., Caren Holderman by Miriam V. Hallbauer (Hallbauer, Miriam)
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Filing 18
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' unopposed motion #15 for leave to file a reply brief consisting of no more than 24 pages is granted. Mailed notice (mjc, )
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Filing 17
MEMORANDUM text entry,,,, #14 by Board of Education of Chicago Public School District #299, Pedro Martinez addressing authorities cited by the Court in its May 24, 2022 Order (Mincy, J)
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Filing 16
REPLY by R. F. to MOTION by Plaintiff R. F. for temporary restraining order and preliminary injunction #10 , response to motion, #12 , MOTION by Plaintiff R. F. for leave to file excess pages In Support of Her Motion For Temporary Restraining Order and Preliminary Injunction #15 (Ellwein, Jaclyn)
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Filing 15
MOTION by Plaintiff R. F. for leave to file excess pages In Support of Her Motion For Temporary Restraining Order and Preliminary Injunction (Ellwein, Jaclyn)
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Filing 14
MINUTE entry before the Honorable Joan B. Gottschall: In response #12 to plaintiffs' motion for a temporary restraining order and preliminary injunction, defendants have raised the affirmative defense of failure to exhaust administrative remedies as required by the IDEA, 20 U.S.C. 1415(l). See Mosely v. Bd. of Educ. of City of Chi., 434 F.3d 527, 533 (7th Cir. 2006). Plaintiffs are given until and including 5/27/2022 to file a memorandum addressing the threshold exhaustion questions defendants have raised. Plaintiffs may also reply to any other arguments made in defendants' response if they wish. In addition to the authorities that have been cited in the briefing to date, it would be helpful if both sides addressed the following cases by May 27: Charlie F. v. Bd. of Educ. of Skokie Sch. Dist. 68, 98 F.3d 989, 991-93 (7th Cir. 1996); Porter ex rel. Porter v. Bd. of Trs. of Manhattan Beach Unified Sch. Dist., 307 F.3d 1064, 1069-70 (9th Cir. 2002); Mrs. W. v. Tirozzi, 832 F.2d 748, 756 (2d Cir. 1987); H.P. v. Bd. of Educ. of City of Chi., 385 F. Supp. 3d 623, 636 (N.D. Ill. 2019); J.L. ex rel. J.P. v. N.Y.C. Dep't of Educ., 324 F. Supp. 3d 455, 46465 (S.D.N.Y. 2018). Mailed notice (mjc, )
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Filing 13
ATTORNEY Appearance for Plaintiff R. F. by Teresa A Sullivan (Sullivan, Teresa)
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Filing 12
RESPONSE by Board of Education of Chicago Public School District #299, Pedro Martinez to MOTION by Plaintiff R. F. for temporary restraining order and preliminary injunction #10 and Motion to Dismiss (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Mincy, J)
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Filing 11
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs have filed a motion #10 for a temporary restraining order (TRO) and preliminary injunction with notice to defendants' counsel via the CM/ECF system. Plaintiffs are seeking a TRO pending a preliminary injunction hearing (see Motion p. 23). Any response to the motion is due by no later than 4:30 p.m. on Tuesday, May 24, 2022. If either side wishes to request that a TRO hearing be set via either video or teleconferencing, the request must be conveyed to the court as soon as possible and in any event by no later than the response deadline. If no such request is made, the motion will be taken under advisement after the response is filed. In accordance with Judge Gottschall's civil procedures available from her page on the court's official website, counsel for plaintiffs must submit a proposed form of TRO in Word and PDF formats to [email protected] by the response deadline. Mailed notice (mjc, )
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Filing 10
MOTION by Plaintiff R. F. for temporary restraining order and preliminary injunction (Attachments: #1 Exhibit Exhibit Complaint to Motion, #2 Exhibit Exhibit A for Motion, #3 Exhibit Exhibit B for Motion, #4 Exhibit Exhibit C for Motion, #5 Exhibit Exhibit D for Motion, #6 Exhibit Group Exhibit E for Motion)(Ellwein, Jaclyn)
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Filing 9
ATTORNEY Appearance for Defendants Board of Education of Chicago Public School District #299, Pedro Martinez by J Ernest Mincy, III (Mincy, J)
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Filing 8
WAIVER OF SERVICE returned executed by R. F.. All Defendants. (Attachments: #1 Certificate of Service, #2 Notice of Filing)(Ellwein, Jaclyn)
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Filing 7
ATTORNEY Appearance for Plaintiff R. F. by Josephine Marie Schulte (Schulte, Josephine)
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Filing 6
ORDER: An initial status report and, if appropriate, case management plan is due on or before July 20, 2022. In conformity with General Order 21-0027 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing and for requirements for status reports and discovery plans during the COVID-19 pandemic. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 5/19/2022. Mailed notice(mjc, )
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Filing 5
ATTORNEY Appearance for Defendants Board of Education of Chicago Public School District #299, Pedro Martinez by Christy Lynn Michaelson (Michaelson, Christy)
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Filing 4
CIVIL Cover Sheet (Ellwein, Jaclyn)
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Filing 3
ATTORNEY Appearance for Plaintiff R. F. by Jaclyn Ellwein (Ellwein, Jaclyn)
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Filing 2
CIVIL Cover Sheet (Ellwein, Jaclyn)
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Filing 1
COMPLAINT 22-2608 filed by R. F.; Jury Demand. Filing fee $ 402, receipt number AILNDC-19477262. (Attachments: #1 Exhibit Exhibit A for Complaint)(Ellwein, Jaclyn)
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CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ey, )
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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. (ey, )
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