Washington et al v. The City of Chicago
| Sean Washington, Jermaine Miller, Shane Lundy-Bey, Dwayne Smith, Zachary Henry, Velisa Eison, Gregory Boggs, Aaron Beals, Lydara Turner, Jerome Greene, Timothy Northcross and Sedalia Peoples |
| The City of Chicago |
| 1:2022cv04664 |
| August 31, 2022 |
| US District Court for the Northern District of Illinois |
| Keri L Holleb Hotaling |
| Martha M Pacold |
| Contract: Insurance |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 40 MINUTE entry before the Honorable Keri L. Holleb Hotaling: This matter has been reassigned to the calendar of Magistrate Judge Keri Holleb Hotaling. Discovery remains stayed pending a ruling on Defendants' fully-briefed motion to dismiss. Given the impact that motion may have on discovery in this case, within 21 days of a ruling on that motion, the parties shall file a joint status report that includes: (1) a proposed schedule for the completion of fact discovery; (2) an indication of whether expert discovery is anticipated; and (3) a statement as to whether the parties seek a settlement conference. Mailed notice. (exr, ) |
| Filing 39 EXECUTIVE COMMITTEE ORDER: It appearing that Magistrate Judge Cox retired on August 9, 2023; therefore It is hereby ordered that no new designations, referrals, or reassignments shall be made to Magistrate Judge Cox; and It is further ordered that the Hon. Keri L. Holleb Hotaling has entered on duty as a magistrate judge for the Northern District of Illinois; and It is furthered ordered that the Clerk of Court is to add Magistrate Judge Holleb Hotaling's name to the Court's magistrate judge civil case assignment system on August 10, 2023, so that she shall receive a full share of such cases. Case referred to the Honorable Keri L Holleb Hotaling. Signed by Honorable Rebecca R. Pallmeyer on 8/10/2023.(td, ) |
| Filing 38 STATUS Report JOINT STATUS REPORT by The City of Chicago Presented before Magistrate Judge (Rocks, Patrick) |
| Filing 37 MINUTE entry before the Honorable Heather K. McShain: The parties' joint agreed motion to stay discovery #36 is granted for the reasons stated in the motion. The current discovery schedule #27 is hereby stricken and will be reset after a ruling on defendants' motion to dismiss is entered. Within 21 days after a ruling on the motion to dismiss is entered, the parties must file a joint status report that contains a proposed schedule for the completion of fact discovery and advises the Court whether the parties still anticipate expert discovery. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) |
| Filing 36 MOTION by Defendant The City of Chicago to stay Joint Agreed Motion to Stay Discovery Pending Ruling on Defendant's Motion to Dismiss (Rocks, Patrick) |
| Filing 35 AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Heather K. McShain on 5/1/2023. Mailed notice. (pk, ) |
| Filing 34 MINUTE entry before the Honorable Heather K. McShain: The parties' joint motion for entry of confidentiality order #33 is granted. Enter Confidentiality Order. Mailed notice. (pk, ) |
| Filing 33 MOTION by Defendant The City of Chicago for order Joint Motion For Entry Of An Agreed Confidentiality Order (Rocks, Patrick) |
| Filing 32 REPLY by Defendant The City of Chicago Defendant's Reply Memorandum in Further Support of It's Motion to Dismiss (Rocks, Patrick) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed motion for an extension of time to file its reply #30 is granted. Defendant's reply due by 4/17/2023. Emailed notice. (cdh, ) |
| Filing 30 MOTION by Defendant The City of Chicago for extension of time DEFENDANT CITY OF CHICAGO'S UNOPPOSED MOTION FOR ADDITIONAL TIME TO FILE A REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION TO DISMISS (Rocks, Patrick) |
| Filing 29 NOTICE by Aaron Beals, Gregory Boggs, Velisa Eison, Jerome Greene, Zachary Henry, Shane Lundy-Bey, Jermaine Miller, Timothy Northcross, Sedalia Peoples, Dwayne Smith, Lydara Turner, Sean Washington re response in opposition to motion, #28 (Marsh, Michael) |
| Filing 28 RESPONSE by Aaron Beals, Gregory Boggs, Velisa Eison, Jerome Greene, Zachary Henry, Shane Lundy-Bey, Jermaine Miller, Timothy Northcross, Sedalia Peoples, Dwayne Smith, Lydara Turner, Sean Washingtonin Opposition to MOTION by Defendant The City of Chicago to dismiss Defendant's Motion To Dismiss Plaintiffs' Complaint #18 (Marsh, Michael) |
| Filing 27 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report #25 and the proposed discovery schedule. The parties propose that discovery effectively be paused until 05/31/2023, when initial disclosures would be exchanged, and that the fact discovery cutoff be set for 02/29/2024. The status report does not provide any grounds for deferring the exchange of initial disclosures for nearly four months. While the Court is aware that defendant has moved to dismiss plaintiffs' complaint, the filing of a motion to dismiss does not ordinarily justify delaying the start of discovery. See New England Carpenters Health & Welfare Fund v. Abbott Labs., No. 12 C 1662, 2013 WL 690613, at *2 (N.D. Ill. Feb. 20, 2013). Accordingly, the Court sets the following modified schedule for the completion of discovery: Rule 26(a)(1) initial disclosures due 04/28/2023. Written discovery requests to be served by 05/29/2023. All fact discovery to be completed by 01/31/2024. A date for the filing of amended pleadings will be set after the District Judge rules on the motion to dismiss, if necessary. The parties anticipate expert discovery will be required, and the Court will set an expert discovery schedule closer to the end of the fact discovery period. A joint status report is due on 05/15/2023 to update the Court on: (a) the progress of discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) |
| Filing 26 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report #25 . Per the parties' request in the status report, the briefing schedule on the motion to dismiss #18 set in #22 is stricken. Plaintiffs' response to the motion to dismiss #18 is due by 3/27/2023. Defendant's reply is due by 4/10/2023. (rao, ) |
| Filing 25 STATUS Report JOINT STATUS REPORT by The City of Chicago (Rocks, Patrick) |
| Filing 24 MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement #21 . The parties shall meet and confer and file a joint status report on 02/10/2023 that contains: (a) proposed schedule for the completion of fact discovery and for the filing of amended pleadings; (b) a statement whether expert and/or ESI discovery is anticipated; (c) an update on the parties' settlement discussions, if any; and (d) an update on any other issues the parties wish to bring to the Court's attention. The Court will address the dispositive motions schedule later in the discovery period, as necessary. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) |
| Filing 23 STATUS Report JOINT STATUS REPORT by The City of Chicago (Rocks, Patrick) |
| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: With apologies to the parties, this court's minute entry #20 is stricken. Plaintiffs' response to Defendant's motion to dismiss #18 is due by 2/27/2023. Defendant's reply is due by 3/13/2023. (rao, ) |
| Filing 21 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. (rao, ) |
| Filing 20 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to submit an agreed briefing schedule on the motion to dismiss #18 to Proposed_Order_Pacold@ilnd.uscourts.gov. (rao, ) |
| Filing 19 MEMORANDUM by The City of Chicago in support of motion to dismiss #18 Defendant's Memorandum in Support of Its Motion to Dismiss (Rocks, Patrick) |
| Filing 18 MOTION by Defendant The City of Chicago to dismiss Defendant's Motion To Dismiss Plaintiffs' Complaint (Rocks, Patrick) |
| Filing 17 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 16 ATTORNEY Appearance for Defendant The City of Chicago by Elliot Richard Slowiczek (Slowiczek, Elliot) |
| Filing 15 ATTORNEY Appearance for Defendant The City of Chicago by Patrick J. Rocks, Jr (Rocks, Patrick) |
Filing 14
ORDER: Defendant's motion to substitute counsel #13 is granted. Juanita B. Rodriguez and Danielle A. Kirby are granted leave to withdraw their appearances and Patrick J. Rocks and Elliott R. Slowiczek of Jackson Lewis P.C. are granted leave to file their appearances on behalf of defendant. Signed by the Honorable Martha M. Pacold on 12/6/2022. Mailed notice (jn, )
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| Filing 13 MOTION by Defendant The City of Chicago to substitute attorney Defendant City of Chicago's Motion to Substitute Counsel (Rocks, Patrick) |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold: Defendant City of Chicago's unopposed motion for extension of time to answer or otherwise plead to Plaintiffs' complaint #8 is granted. Defendant to answer or otherwise plead to the complaint by 1/30/2023. The parties are given until 2/1/2023 to file the initial joint status report. (Attachments: #1 Outline for the Initial Joint Status Report) (rao, ) |
| Filing 11 WAIVER OF SERVICE returned executed by Sean Washington. The City of Chicago waiver sent on 8/31/2022, answer due 10/31/2022. (Marsh, Michael) |
| Filing 10 Waiver of Service Request by Sean Washington (Marsh, Michael) |
| Filing 9 Appearance - Marc S. Mayer by Sean Washington (Marsh, Michael) |
| Filing 8 MOTION by Defendant The City of Chicago for extension of time to file answer or otherwise plead to Plaintiffs' Complaint (Rodriguez, Juanita) |
| Filing 7 ATTORNEY Appearance for Defendant The City of Chicago by Danielle A. Kirby (Kirby, Danielle) |
| Filing 6 ATTORNEY Appearance for Defendant The City of Chicago by Juanita B. Rodriguez (Rodriguez, Juanita) |
| Filing 5 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 11/1/2022. (Attachments: #1 Outline for the Initial Joint Status Report) (rao, ) |
| Filing 4 CIVIL Cover Sheet (Marsh, Michael) |
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Filing 3
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Sean Washington is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (emc, )
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| Filing 2 REQUEST for Waiver of Service sent to City of Chicago on August 31, 2022 by Plaintiffs Aaron Beals, Gregory Boggs, Velisa Eison, Jerome Greene, Zachary Henry, Shane Lundy-Bey, Jermaine Miller, Timothy Northcross, Sedalia Peoples, Dwayne Smith, Lydara Turner, Sean Washington. Waiver of service due by 9/30/2022. (Marsh, Michael) |
| Filing 1 COMPLAINT filed by Velisa Eison, Timothy Northcross, Shane Lundy-Bey, Gregory Boggs, Lydara Turner, Sedalia Peoples, Jermaine Miller, Aaron Beals, Sean Washington, Dwayne Smith, Jerome Greene, Zachary Henry; Jury Demand. Filing fee $ 402, receipt number AILNDC-19796200. (Attachments: #1 Exhibit Miller EEOC Charge, #2 Exhibit Miller RTS Letter, #3 Exhibit Lundy EEOC Charge, #4 Exhibit Lundy RTS Letter, #5 Exhibit Smith EEOC Charge, #6 Exhibit Smith RTS Letter, #7 Exhibit Henry EEOC Charge, #8 Exhibit Henry RTS Letter, #9 Exhibit Eison EEOC Charge, #10 Exhibit Eison RTS Letter, #11 Exhibit Boggs EEOC Charge, #12 Exhibit Boggs RTS Letter, #13 Exhibit Washington EEOC Charge, #14 Exhibit Washington RTS Letter, #15 Exhibit Beals EEOC Charge, #16 Exhibit Beals RTS Letter, #17 Exhibit Turner EEOC Charge, #18 Exhibit Turner RTS Letter, #19 Exhibit Greene EEOC Charge, #20 Exhibit Greene RTS Letter, #21 Exhibit Northcross EEOC Charge, #22 Exhibit Northcross RTS Letter, #23 Exhibit Peoples EEOC Charge, #24 Exhibit Peoples RTS Letter, #25 Exhibit CBA Section 13, #26 Exhibit CBA Appendix G, #27 Exhibit CBA Section 9, #28 Exhibit Tech Manual Vol 1, #29 Exhibit Tech Manual Vol 2)(Marsh, Michael) |
| 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. (emc, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (emc, ) |
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