Rita v. The Village of Tinley Park, an Illinois Municipal Body et al
| Robert Rita |
| The Village of Tinley Park, an Illinois Municipal Body, Orland Township, an Illinois Municipal Body, Michael Glotz and Paul O'Grady |
| 1:2023cv04931 |
| July 28, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 MINUTE entry before the Honorable John J. Tharp, Jr:The Plaintiff's motion for rule to show cause why the Village of Tinley Park should not be held in contempt #24 is taken under advisement. The Village's response is due by 10/05/23. The Plaintiff's reply is due by 10/19/23. Mailed notice (air, ) |
| Filing 24 MOTION by Plaintiff Robert Rita for rule to show cause (Attachments: #1 Exhibit A: Transcript of July 28, 2023 TRO Hearing, #2 Exhibit B: Declaration of Representative Rita)(DePodesta, Nancy) |
| Filing 23 WAIVER OF SERVICE returned executed by Robert Rita. The Village of Tinley Park, an Illinois Municipal Body waiver sent on 8/17/2023, answer due 10/16/2023. (Laser, Thomas) |
| Filing 22 WAIVER OF SERVICE returned executed by Robert Rita. Michael Glotz waiver sent on 8/17/2023, answer due 10/16/2023. (Laser, Thomas) |
| Filing 21 WAIVER OF SERVICE returned executed by Paul O'Grady. Paul O'Grady waiver sent on 8/17/2023, answer due 10/16/2023. (Zimmer, K.) |
| Filing 20 WAIVER OF SERVICE returned executed by Orland Township, an Illinois Municipal Body. Orland Township, an Illinois Municipal Body waiver sent on 8/17/2023, answer due 10/16/2023. (Zimmer, K.) |
| Filing 19 MINUTE entry before the Honorable John J. Tharp, Jr: The motion to withdraw attorney Paul O'Grady as counsel for the Village of Tinley Park #14 is granted. Mr. O'Grady's appearance as counsel is terminated. Mailed notice (air, ) |
| Filing 18 MINUTE entry before the Honorable John J. Tharp, Jr:In-court hearing held. Service as to remaining defendants to be effectuated by 8/25/23. If waiver of service as to some of the defendants is made, the responses of all defendants to the complaint will be due by 10/27/23. Anticipating that the defendants will respond to the complaint by motion, responses to the motions are due by 11/27/23; replies due 12/11/23. The court will rule via CM/ECF as appropriate. Mailed notice (air, ) |
| Filing 17 ATTORNEY Appearance for Defendants Paul O'Grady, Orland Township, an Illinois Municipal Body by Michael Aaron Albert (Albert, Michael) |
| Filing 16 ATTORNEY Appearance for Defendants Paul O'Grady, Orland Township, an Illinois Municipal Body by Joseph Anthony Giambrone (Giambrone, Joseph) |
| Filing 15 ATTORNEY Appearance for Defendants Paul O'Grady, Orland Township, an Illinois Municipal Body by K. Austin Zimmer (Zimmer, K.) |
| Filing 14 MOTION by Defendant Paul O'Grady to withdraw attorney appearance #10 for the Village of Tinley Park (Attachments: #1 Notice of Filing)(O'Grady, Paul) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr:An in-person status hearing in this matter will be held on 8/16/2023 in Courtroom 2303 at 9:00 a.m. Mailed notice (air, ) |
| Filing 12 TRANSCRIPT OF PROCEEDINGS held on 07/28/2023, Emergency Motion Hearing, before the Honorable Manish S. Shah. Order Number: 46486. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. 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 8/24/2023. Redacted Transcript Deadline set for 9/4/2023. Release of Transcript Restriction set for 11/1/2023. (Conway, Colleen) |
| Filing 11 MINUTE entry before the Honorable Manish S. Shah: Emergency motion hearing held. The motion for a TRO #4 is denied. At the hearing, the Village of Tinley Park confirmed and represented to the court that plaintiff is not barred from attending the National Night Out event in Tinley Park on August 1. The First Amendment may be implicated by the Village's decision to allow some people to participate with tables while excluding "politicians" from having tables. But on the limited record established on an expedited basis, this court concludes that the likelihood of success on a claim that the First Amendment requires the Village to allow plaintiff to have a table is not strong. Applying the sliding scale approach to injunctive relief, this court concludes (again on a very limited record) that the harm to the Village that comes from compelling it to endorse plaintiff's speech outweighs the harm to plaintiff. Plaintiff is allowed to attend the event, speak to his constituents there, and express his views. The extraordinary relief of a TRO is not warranted at this time. Notices mailed. (psm, ) |
| Filing 10 ATTORNEY Appearance for Defendant The Village of Tinley Park, an Illinois Municipal Body by Paul A O'Grady (O'Grady, Paul) |
| Filing 9 ATTORNEY Appearance for Defendants Michael Glotz, The Village of Tinley Park, an Illinois Municipal Body by Patrick Joseph Walsh Appearance for (Walsh, Patrick) |
| Filing 8 ATTORNEY Appearance for Plaintiff Robert Rita by George P. Apostolides (Apostolides, George) |
| Filing 7 CERTIFICATE of Service by Nancy L. DePodesta on behalf of Robert Rita regarding MOTION by Plaintiff Robert Rita for temporary restraining order (Emergency Motion) #4 (DePodesta, Nancy) |
| Filing 6 PAYMENT of Filing fee $ 402. (DePodesta, Nancy) |
Filing 5
ORDER: #Local Rule 3.3# requires that any document submitted for filing for which a filing fee is required must be accompanied either by the appropriate fee or an In Forma Pauperis Application and Financial Affidavit. No filing fee or IFP petition was submitted at the time of filing this matter. Robert Rita is directed to pay the required filing fee or submit a completed #In Forma Pauperis Application and Financial Affidavit# within 15 days of this notification. Pursuant to LR 3.3(f), failure to comply with this order may result in sanctions, including dismissal of the action by the assigned judge. Signed by the Executive Committee. (axk, )
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| Filing 4 MOTION by Plaintiff Robert Rita for temporary restraining order (Emergency Motion) (Attachments: #1 Exhibit A, Robert Rita Affidavit with exhibits, #2 Exhibit B, Michelle Martino Affidavit)(DePodesta, Nancy) |
| Filing 3 ATTORNEY Appearance for Plaintiff Robert Rita by Thomas Laser (Laser, Thomas) |
| Filing 2 ATTORNEY Appearance for Plaintiff Robert Rita by Nancy L. DePodesta (DePodesta, Nancy) |
| Filing 1 COMPLAINT filed by Robert Rita; Jury Demand. Filing fee $ 402. (Attachments: #1 Civil Cover Sheet)(DePodesta, Nancy) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (axk, ) |
| 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. (axk, ) |
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