Herrera v. Raoul, in his official capacity as Attorney General for the State of Illinois et al
| Javier Herrera |
| Kwame Raoul, in his official capacity as Attorney General for the State of Illinois, Brendan F. Kelly, in his official capacity as Director of Illinois State Police, Cook County, Toni Preckwinkle, in her official capacity as County Board of Commissioners President, Kimberly M. Foxx, in her official capacity as Cook County State's Attorney, Thomas J. Dart, in his official capacity as Sheriff of Cook County, CITY OF CHICAGO, David O'Neal Brown, as Superintendent of Police for the Chicago Police Department, Kwame Raoul, Brendan F. Kelly, Toni Preckwinkle, Kimberly M Foxx, Thomas J. Dart and David O'Neal Brown |
| 1:2023cv00532 |
| January 27, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Mary M Rowland |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.
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Filing 66
MOTION by Defendants Cook County, Thomas J. Dart, Kimberly M Foxx, Toni Preckwinkle to continue COUNTY DEFENDANTS' OPPOSED MOTION TO RESET ORAL ARGUMENT DATE OF APRIL 6, 2023 PURSUANT TO FED. R. CIV. P 6(b)(1) (Scheller, Jessica)
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Filing 65
MINUTE entry before the Honorable Lindsay C. Jenkins: A virtual hearing on Plaintiff's motion for a temporary restraining order and preliminary injunction #4 is set for April 6, 2023 at 10:00 a.m. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 64
MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's unopposed motion to file an enlarged brief #62 is granted. Mailed notice. (jlj, )
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Filing 63
REPLY by Javier Herrera to response in opposition to motion,,,, #52 , memorandum in opposition to motion,, #60 , response in opposition to motion, #61 and in support of #4 motion for a temporary restraining order and preliminary injunction (Attachments: #1 Exhibit Ex. 1 - Historical Statutes, #2 Exhibit Ex. 2 - Historical Registration Statutes, #3 Exhibit Ex. 3 - Supplemental Herrera Dec., #4 Exhibit Ex. 4 - Kleck Dec., #5 Exhibit Ex. 5 - Newton Dec., #6 Exhibit Ex. 6 - NSSF Report, #7 Exhibit Ex. 7 - NSSF New Buyers Report)(Meehan, Taylor)
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Filing 62
MOTION by Plaintiff Javier Herrera for leave to file excess pages for Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction (Meehan, Taylor)
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Filing 61
RESPONSE by David O'Neal Brown, City of Chicagoin Opposition to MOTION by Plaintiff Javier Herrera for temporary restraining order andMOTION by Plaintiff Javier Herrera for preliminary injunction against all Defendants #4 (Attachments: #1 Exhibit City Defendants' Response Brief and Exhibits)(Worseck, Andrew)
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Filing 60
MEMORANDUM by Cook County, Thomas J. Dart, Kimberly M Foxx, Toni Preckwinkle in Opposition to motion for temporary restraining order, motion for preliminary injunction #4 Corrected as to Title of ECF No. 54 (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)(Scheller, Jessica)
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Filing 59
NOTICE by Javier Herrera of Filing of Reply In Support of Local Rule 40.4 Motion for Reassignment of Related Cases (Attachments: #1 Exhibit Reply In Support of Rule 40.4 Motion)(Meehan, Taylor)
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Filing 58
RESPONSE by Defendants Brendan F. Kelly, Kwame Raoul to notice of filing #41 to Plaintiffs' Motion for 40.4 Reassignment of Related Cases (Holleb Hotaling, Keri)
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Filing 57
MINUTE entry before the Honorable Lindsay C. Jenkins: County Defendants' Unopposed Motion for leave to file an oversized brief #53 is granted. Mailed notice. (kl, )
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Filing 56
NOTICE by Cook County (Attachments: #1 Exhibit Memorandum in Opposition)(Wasserman, Jessica)
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Filing 55
ATTORNEY Appearance for Defendants Cook County, Thomas J. Dart, Kimberly M Foxx, Toni Preckwinkle by Jessica Wasserman (Wasserman, Jessica)
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Filing 54
MEMORANDUM by Cook County, Thomas J. Dart, Kimberly M Foxx, Toni Preckwinkle in Opposition to motion for temporary restraining order, motion for preliminary injunction #4 (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)(Brener, Edward)
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Filing 53
MOTION by Defendants Cook County, Thomas J. Dart, Kimberly M Foxx, Toni Preckwinkle for leave to file excess pages up to 75 pages (Yeddanapudi, Prathima)
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Filing 52
RESPONSE by Brendan F. Kelly, Kwame Raoulin Opposition to MOTION by Plaintiff Javier Herrera for temporary restraining order andMOTION by Plaintiff Javier Herrera for preliminary injunction against all Defendants #4 (Attachments: #1 Exhibit 1 - Newspaper Articles Cited, #2 Exhibit 2 - Declaration of Robert Morgan, #3 Exhibit 3 - Declaration of William E. Demuth II, #4 Exhibit 4 - Declaration of Louis Klarevas - Volume 1 of 2 (Declaration and Exhibits A-M), #5 Exhibit 4 - Declaration of Louis Klarevas Volume 2 of 2 (Exhibits N-U), #6 Exhibit 5 - Declaration of Phil Andrew, #7 Exhibit 6 - Declaration of Ryan Busse, #8 Exhibit 7 - Declaration of Dennis Baron, #9 Exhibit 8 - Declaration of James E. Yurgealitis, #10 Exhibit 9 - Declaration of Martin A. Schreiber, #11 Exhibit 10 - Declaration of Randolph Roth, #12 Exhibit 11 - Declaration of Robert Spitzer, #13 Exhibit 12 - Declaration of Brian Delay, #14 Exhibit 13 - Declaration of Stephen Hargarten, #15 Exhibit 14 - Excerpts from Historical Regulations Cited, #16 Exhibit 15 - Declaration of Dominic Chiappini)(Wells, Christopher)
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Filing 51
ATTORNEY Appearance for Defendants Brendan F. Kelly, Kwame Raoul by Keri L Holleb Hotaling (Holleb Hotaling, Keri)
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Filing 50
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants' motion for extension of time is granted #46 . While the Court appreciates the reasons for plaintiff's objection and appreciates the need to resolve the motion for a temporary restraining order and preliminary injunction expeditiously, this case was only recently reassigned to this court. Defendants' response to Plaintiff's motion for temporary restraining order and preliminary injunction is due on or before 3/10/23. Plaintiff's reply is due on or before 3/14/23. A hearing will be set after the court has reviewed the briefs. Mailed notice. (kl, )
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Filing 49
RESPONSE by Javier Herrerain Opposition to MOTION by Defendants David O'Neal Brown, City of Chicago for extension of time to file response/reply #46 (Meehan, Taylor)
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Filing 48
ATTORNEY Appearance for Defendants David O'Neal Brown, City of Chicago by Whitney Gorman Woodward (Woodward, Whitney)
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Filing 47
ATTORNEY Appearance for Defendants David O'Neal Brown, City of Chicago by David Brandon Smith (Smith, David)
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Filing 46
MOTION by Defendants David O'Neal Brown, City of Chicago for extension of time to file response/reply (Attachments: #1 Exhibit Transcript)(Worseck, Andrew)
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Filing 45
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants' unopposed motion for leave to file excess pages #43 is granted. Mailed notice. (exr, )
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Filing 44
ATTORNEY Appearance for Defendants Brendan F. Kelly, Kwame Raoul by Kathryn Hunt Muse (Muse, Kathryn)
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Filing 43
MOTION by Defendant Kwame Raoul for leave to file excess pages (Overlength Brief) (Wells, Christopher)
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Filing 42
EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0010: Pursuant that to the Executive Committee Order entered on February 23, 2023, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Lindsay C. Jenkins; therefore IT IS HEREBY ORDERED that the attached list of 281 cases be reassigned to the Honorable Lindsay C. Jenkins; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Lindsay C. Jenkins' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lindsay C. Jenkins to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lindsay C. Jenkins to the Court's criminal case assignment system ninety (90) days so that Judge Jenkins shall thereafter receive a full share of such cases. Case reassigned to the Honorable Lindsay C. Jenkins for all further proceedings. Honorable Mary M. Rowland no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 2/27/2023.(tg, )
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Filing 41
NOTICE by Javier Herrera of filing of Local Rule 40.4 Motion for Reassignment of Related Cases (Attachments: #1 Exhibit Rule 40.4 Motion and Memorandum of Law)(Meehan, Taylor)
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Filing 40
TRANSCRIPT OF PROCEEDINGS held on 2/9/23 before the Honorable Mary M. Rowland. Video status. Order Number: 45212. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. 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 3/2/2023. Redacted Transcript Deadline set for 3/13/2023. Release of Transcript Restriction set for 5/10/2023. (Renke, Laura)
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Filing 39
MINUTE entry before the Honorable Mary M. Rowland: Video status hearing held. For the reasons stated on the record, Defendants' response to Plaintiff's motion for temporary restraining order and preliminary injunction #4 is due 3/3/23. Plaintiff's reply is due 3/10/23. A hearing will be set after the court has reviewed the briefs. Mailed notice. (dm, )
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Filing 38
ATTORNEY Appearance for Defendants Cook County, Thomas J. Dart, Kimberly M Foxx, Toni Preckwinkle by Edward M. Brener (Brener, Edward)
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Filing 37
MINUTE entry before the Honorable Mary M. Rowland: Motion to appear pro hac vice by Reed Darrow Rubinstein #36 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, )
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Filing 36
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20327584. (Rubinstein, Reed)
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Filing 35
ATTORNEY Appearance for Defendants Cook County, Thomas J. Dart, Kimberly M Foxx, Toni Preckwinkle by Megan Marie Honingford (Honingford, Megan)
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Filing 34
ATTORNEY Appearance for Plaintiff Javier Herrera by Gregory Abbott Bedell (Bedell, Gregory)
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Filing 33
MINUTE entry before the Honorable Mary M. Rowland: Video status hearing set for 2/9/23 at 1:30 PM. By 2/8/23, Parties shall confer and send one email to Courtroom Deputy, Dawn Moreno at Dawn_Moreno@ilnd.uscourts.gov identifying the email addresses of the individuals who intend to participate in the video conference. Counsel of record will receive an email with a link to join the video conference prior to the hearing. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the call-in ID is 1801732451. 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. (dm, )
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Filing 32
ATTORNEY Appearance for Defendant Toni Preckwinkle by Jessica Megan Scheller (Scheller, Jessica)
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Filing 31
ATTORNEY Appearance for Defendants Cook County, Thomas J. Dart, Kimberly M Foxx by Jessica Megan Scheller (Scheller, Jessica)
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Filing 30
ATTORNEY Appearance for Defendant Toni Preckwinkle by Prathima Yeddanapudi (Yeddanapudi, Prathima)
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Filing 29
ATTORNEY Appearance for Defendants Cook County, Thomas J. Dart, Kimberly M Foxx by Prathima Yeddanapudi (Yeddanapudi, Prathima)
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Filing 28
ATTORNEY Appearance for Defendants David O'Neal Brown, City of Chicago by Andrew W Worseck (Worseck, Andrew)
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Filing 27
ATTORNEY Appearance for Defendants Brendan F. Kelly, Kwame Raoul by Christopher Graham Wells (Wells, Christopher)
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Filing 26
Request for Status Hearing by Javier Herrera regarding Motion for Temporary Restraining Order and Preliminary Injunction (Meehan, Taylor)
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Filing 25
MINUTE entry before the Honorable Mary M. Rowland: Motion to appear pro hac vice by Gene P. Hamilton #23 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, )
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Filing 24
AFFIDAVIT of Service filed by Plaintiff Javier Herrera regarding Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction and Accompanying Documents served on Brendan F. Kelly, in his official capacity as ISP Director on 1/30/2023 (Meehan, Taylor)
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Filing 23
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20298999. (Hamilton, Gene)
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Filing 22
ATTORNEY Appearance for Plaintiff Javier Herrera by Jeffrey Harris (Harris, Jeffrey)
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Filing 21
ATTORNEY Appearance for Plaintiff Javier Herrera by Thomas McCarthy (McCarthy, Thomas)
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Filing 20
ATTORNEY Appearance for Plaintiff Javier Herrera by Matthew Pociask (Pociask, Matthew)
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Filing 19
ATTORNEY Appearance for Plaintiff Javier Herrera by C'Zar David Bernstein (Bernstein, C'Zar)
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Filing 18
AFFIDAVIT of Service filed by Plaintiff Javier Herrera regarding Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction and Accompanying Documents served on Kwame Raoul, in his official capacity as Attorney General of the State of Illinois on 1/30/2023 (Meehan, Taylor)
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Filing 17
AFFIDAVIT of Service filed by Plaintiff Javier Herrera regarding Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction and Accompanying Documents served on Toni Preckwinkle, in her official capacity as County Board of Commissioners President on 1/30/2023 (Meehan, Taylor)
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Filing 16
AFFIDAVIT of Service filed by Plaintiff Javier Herrera regarding Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction and Accompanying Documents served on Kimberly M. Foxx, in her official capacity as Cook County State's Attorney on 1/30/2023 (Meehan, Taylor)
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Filing 15
AFFIDAVIT of Service filed by Plaintiff Javier Herrera regarding Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction and Accompanying Documents served on David O'Neal Brown, in his official capacity as Superintendent of Chicago Police Department on 1/30/2023 (Meehan, Taylor)
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Filing 14
AFFIDAVIT of Service filed by Plaintiff Javier Herrera regarding Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction and Accompanying Documents served on Cook County on 1/30/2023 (Meehan, Taylor)
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Filing 13
AFFIDAVIT of Service filed by Plaintiff Javier Herrera regarding Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction and Accompanying Documents served on City of Chicago on 1/30/2023 (Meehan, Taylor)
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Filing 12
MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for excess pages #3 is granted. Plaintiff is granted leave to file brief in support of his motion for a temporary restraining order and preliminary injunction of up to 30 pages. Mailed notice. (dm, )
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Filing 11
ATTORNEY Appearance for Plaintiff Javier Herrera by Michael Chao Ding (Ding, Michael)
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Filing 10
MINUTE entry before the Honorable Mary M. Rowland: Motion to appear pro hac vice by C'Zar David Bernstein #6 , Thomas McCarthy #7 , Jeffrey M. Harris #8 , and Matthew Pociask #9 are granted. Counsel are reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, )
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SUMMONS Issued as to Defendants David O'Neal Brown, as Superintendent of Police for the Chicago Police Department, CITY OF CHICAGO, Cook County, Thomas J. Dart, in his official capacity as Sheriff of Cook County, Kimberly M. Foxx, in her official capacity as Cook County State's Attorney, Brendan F. Kelly, in his official capacity as Director of Illinois State Police, Toni Preckwinkle, in her official capacity as County Board of Commissioners President, Kwame Raoul, in his official capacity as Attorney General for the State of Illinois (emc, )
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Filing 9
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20292808. (Pociask, Matthew)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20292797. (Harris, Jeffrey)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20292790. (McCarthy, Thomas)
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Filing 6
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20292786. (Bernstein, C'Zar)
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Filing 5
MEMORANDUM by Javier Herrera in support of motion for temporary restraining order, motion for preliminary injunction #4 (Attachments: #1 Declaration Declaration of Dr. Javier Herrera)(Meehan, Taylor)
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Filing 4
MOTION by Plaintiff Javier Herrera for temporary restraining order and, MOTION by Plaintiff Javier Herrera for preliminary injunction against all Defendants (Meehan, Taylor)
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Filing 3
MOTION by Plaintiff Javier Herrera for leave to file excess pages for Memorandum of Law in support of Motion for Temporary Restraining Order and Preliminary Injunction (Meehan, Taylor)
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Filing 2
ATTORNEY Appearance for Plaintiff Javier Herrera by Taylor A. R. Meehan (Meehan, Taylor)
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Filing 1
COMPLAINT filed by Javier Herrera; Filing fee $ 402, receipt number AILNDC-20290946. (Attachments: #1 Civil Cover Sheet)(Meehan, Taylor)
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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. (smb, )
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CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (smb, )
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